Bill Text: TX HB559 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the duties of a magistrate to inform an arrested person of consequences of a plea of guilty or nolo contendere.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2015-05-12 - Laid on the table subject to call [HB559 Detail]
Download: Texas-2015-HB559-Comm_Sub.html
| 84R865 JRR-F | ||
| By: Anchia, Moody | H.B. No. 559 | |
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| relating to the duties of a magistrate to inform an arrested person | ||
| of consequences of a plea of guilty or nolo contendere. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 15.17(a), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (a) In each case enumerated in this Code, the person making | ||
| the arrest or the person having custody of the person arrested shall | ||
| without unnecessary delay, but not later than 48 hours after the | ||
| person is arrested, take the person arrested or have him taken | ||
| before some magistrate of the county where the accused was arrested | ||
| or, to provide more expeditiously to the person arrested the | ||
| warnings described by this article, before a magistrate in any | ||
| other county of this state. The arrested person may be taken | ||
| before the magistrate in person or the image of the arrested person | ||
| may be presented to the magistrate by means of an electronic | ||
| broadcast system. The magistrate shall inform in clear language | ||
| the person arrested, either in person or through the electronic | ||
| broadcast system, of the accusation against him and of any | ||
| affidavit filed therewith, of his right to retain counsel, of his | ||
| right to remain silent, of his right to have an attorney present | ||
| during any interview with peace officers or attorneys representing | ||
| the state, of his right to terminate the interview at any time, and | ||
| of his right to have an examining trial. The magistrate shall | ||
| inform the person arrested that, if the person is not a citizen of | ||
| the United States of America, a plea of guilty or nolo contendere | ||
| for the offense charged may affect the person's immigration or | ||
| residency status and may result in deportation, the exclusion from | ||
| admission to this country, or the denial of naturalization under | ||
| federal law. The magistrate shall also inform the person arrested | ||
| of the person's right to request the appointment of counsel if the | ||
| person cannot afford counsel. The magistrate shall inform the | ||
| person arrested of the procedures for requesting appointment of | ||
| counsel. If the person does not speak and understand the English | ||
| language or is deaf, the magistrate shall inform the person in a | ||
| manner consistent with Articles 38.30 and 38.31, as | ||
| appropriate. The magistrate shall ensure that reasonable | ||
| assistance in completing the necessary forms for requesting | ||
| appointment of counsel is provided to the person at the same | ||
| time. If the person arrested is indigent and requests appointment | ||
| of counsel and if the magistrate is authorized under Article 26.04 | ||
| to appoint counsel for indigent defendants in the county, the | ||
| magistrate shall appoint counsel in accordance with Article | ||
| 1.051. If the magistrate is not authorized to appoint counsel, the | ||
| magistrate shall without unnecessary delay, but not later than 24 | ||
| hours after the person arrested requests appointment of counsel, | ||
| transmit, or cause to be transmitted to the court or to the courts' | ||
| designee authorized under Article 26.04 to appoint counsel in the | ||
| county, the forms requesting the appointment of counsel. The | ||
| magistrate shall also inform the person arrested that he is not | ||
| required to make a statement and that any statement made by him may | ||
| be used against him. The magistrate shall allow the person | ||
| arrested reasonable time and opportunity to consult counsel and | ||
| shall, after determining whether the person is currently on bail | ||
| for a separate criminal offense, admit the person arrested to bail | ||
| if allowed by law. A recording of the communication between the | ||
| arrested person and the magistrate shall be made. The recording | ||
| shall be preserved until the earlier of the following dates: (1) | ||
| the date on which the pretrial hearing ends; or (2) the 91st day | ||
| after the date on which the recording is made if the person is | ||
| charged with a misdemeanor or the 120th day after the date on which | ||
| the recording is made if the person is charged with a felony. The | ||
| counsel for the defendant may obtain a copy of the recording on | ||
| payment of a reasonable amount to cover costs of reproduction. For | ||
| purposes of this subsection, "electronic broadcast system" means a | ||
| two-way electronic communication of image and sound between the | ||
| arrested person and the magistrate and includes secure Internet | ||
| videoconferencing. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
