Bill Text: TX HB244 | 2017-2018 | 85th Legislature | Introduced


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 2-0)

Status: (Introduced - Dead) 2017-05-03 - Considered in Calendars [HB244 Detail]

Download: Texas-2017-HB244-Introduced.html
  85R2 JRR-D
 
  By: Anchia H.B. No. 244
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 the person
  arrested [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 person arrested
  [person] may be taken before the magistrate in person or the image
  of the person 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
  the person [him] and [of] any affidavit filed therewith and of the
  person's rights[, 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 a plea of guilty or nolo contendere for the
  offense charged may affect the person's eligibility for enlistment
  or reenlistment in the United States armed forces or may result in
  the person's discharge from the United States armed forces if the
  person is a member of the armed forces. 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 arrested 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
  the person [he] is not required to make a statement and that any
  statement made by the person [him] may be used against the person 
  [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 person 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 person 
  arrested [person] and the magistrate and includes secure Internet
  videoconferencing.
         SECTION 2.  This Act takes effect September 1, 2017.
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