Bill Text: TX HB3165 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to certain pretrial procedures in criminal cases.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3165 Detail]

Download: Texas-2017-HB3165-Enrolled.html

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H.B. No. 3165

AN ACT
relating to certain pretrial procedures in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 15.17(a) and (f), Code of Criminal
Procedure, are 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 a videoconference [an
electronic broadcast system]. The magistrate shall inform in clear
language the person arrested, either in person or through a
videoconference [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 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 record [recording] of the communication between the
arrested person and the magistrate shall be made. The record
[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 record [recording] is made if
the person is charged with a misdemeanor or the 120th day after the
date on which the record [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,
"videoconference" ["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.
(f) A record required under Subsection (a) or (e) may
consist of written forms, electronic recordings, or other
documentation as authorized by procedures adopted in the county
under Article 26.04(a). The counsel for the defendant may obtain a
copy of the record on payment of a reasonable amount to cover the
costs of reproduction or, if the defendant is indigent, the court
shall provide a copy to the defendant without charging a cost for
the copy.
SECTION 2. Article 15.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.21. RELEASE ON PERSONAL BOND [PRISONER DISCHARGED]
IF NOT TIMELY DEMANDED. If the proper office of the county where
the offense is alleged to have been committed does not demand an
[the] arrested person described by Article 15.19 and take charge of
the arrested person before the 11th day after the date the person is
committed to the jail of the county in which the person is arrested,
a magistrate in the county where the person was arrested shall:
(1) release the arrested person on personal bond
without sureties or other security; and
(2) forward the personal bond to:
(A) the sheriff of the county where the offense
is alleged to have been committed; or
(B) the court that issued the warrant of arrest
[the arrested person shall be discharged from custody].
SECTION 3. Section 5(a), Article 17.42, Code of Criminal
Procedure, is amended to read as follows:
(a) A personal bond pretrial release office established
under this article shall:
(1) prepare a record containing information about any
accused person identified by case number only who, after review by
the office, is released by a court on personal bond before
sentencing in a pending case;
(2) update the record on a monthly basis; and
(3) file a copy of the record with the district or
county clerk, as applicable based on court jurisdiction over the
categories of offenses addressed in the records, in any county
served by the office.
SECTION 4. Section 6(b), Article 17.42, Code of Criminal
Procedure, is amended to read as follows:
(b) In preparing an annual report under Subsection (a), the
office shall include in the report a statement of:
(1) the office's operating budget;
(2) the number of positions maintained for office
staff;
(3) the number of accused persons who, after review by
the office, were released by a court on personal bond before
sentencing in a pending case; and
(4) the number of persons described by Subdivision
(3):
(A) [who were convicted of the same offense or of
any felony within the six years preceding the date on which charges
were filed in the matter pending during the person's release;
[(B)] who failed to attend a scheduled court
appearance;
(B) [(C)] for whom a warrant was issued for the
[person's] arrest of those persons for failure to appear in
accordance with the terms of their [the person's] release; or
(C) [(D)] who, while released on personal bond,
were arrested for any other offense in the same county in which the
persons were released [while] on [the personal] bond.
SECTION 5. The heading to Article 27.18, Code of Criminal
Procedure, is amended to read as follows:
Art. 27.18. PLEA OR WAIVER OF RIGHTS BY VIDEOCONFERENCE
[CLOSED CIRCUIT VIDEO TELECONFERENCING].
SECTION 6. Articles 27.18(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Notwithstanding any provision of this code requiring
that a plea or a waiver of a defendant's right be made in open court,
a court may accept the plea or waiver by videoconference [broadcast
by closed circuit video teleconferencing] to the court if:
(1) the defendant and the attorney representing the
state file with the court written consent to the use of
videoconference [closed circuit video teleconferencing];
(2) the videoconference [closed circuit video
teleconferencing system] provides for a simultaneous, compressed
full motion video, and interactive communication of image and sound
between the judge, the attorney representing the state, the
defendant, and the defendant's attorney; and
(3) on request of the defendant, the defendant and the
defendant's attorney are able to communicate privately without
being recorded or heard by the judge or the attorney representing
the state.
(b) On motion of the defendant or the attorney representing
the state or in the court's discretion, the court may terminate an
appearance by videoconference [closed circuit video
teleconferencing] at any time during the appearance and require an
appearance by the defendant in open court.
SECTION 7. Article 27.18(c), Code of Criminal Procedure, as
amended by Chapters 1341 (S.B. 1233) and 1031 (H.B. 2847), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(c) A record of the communication shall be made by a court
reporter or by electronic recording and preserved by the court
reporter or by electronic recording until all appellate proceedings
have been disposed of. A court reporter or court recorder is not
required to transcribe or make a duplicate electronic [separate]
recording of a plea taken under this article unless an appeal is
taken in the case and a party requests a transcript.
SECTION 8. Article 27.18(c-1), Code of Criminal Procedure,
as added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
(c-1) The defendant may obtain a copy of the record,
including any electronic [a] recording, [made under Subsection (c)]
on payment of a reasonable amount to cover the costs of reproduction
or, if the defendant is indigent, the court shall provide a copy to
the defendant without charging a cost for the copy.
SECTION 9. Articles 27.18(c-2) and (d), Code of Criminal
Procedure, are amended to read as follows:
(c-2) The loss or destruction of or failure to create a
court record or an electronic [make a video] recording of a plea
entered under this article is not alone sufficient grounds for a
defendant to withdraw the defendant's plea or to request the court
to set aside a conviction, sentence, or plea.
(d) A defendant who is confined in a county other than the
county in which charges against the defendant are pending may use
the videoconference [teleconferencing] method provided by this
article or by [the electronic broadcast system authorized in]
Article 15.17 to enter a plea or waive a right in the court with
jurisdiction over the case.
SECTION 10. Article 27.18(c-1), Code of Criminal Procedure,
as added by Chapter 1031 (H.B. 2847), Acts of the 82nd Legislature,
Regular Session, 2011, is repealed.
SECTION 11. Article 15.17, Code of Criminal Procedure, as
amended by this Act, applies to an arrested person brought before a
magistrate on or after the effective date of this Act, regardless of
whether the offense for which the person was arrested was committed
before, on, or after that date.
SECTION 12. Article 15.21, Code of Criminal Procedure,
applies only to a person who is arrested on or after the effective
date of this Act. A person arrested before the effective date of
this Act is governed by the law in effect on the date the person was
arrested, and the former law is continued in effect for that
purpose.
SECTION 13. Article 27.18, Code of Criminal Procedure, as
amended by this Act, applies to a plea of guilty or nolo contendere
entered on or after the effective date of this Act, regardless of
whether the offense with reference to which the plea is entered is
committed before, on, or after that date.
SECTION 14. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3165 was passed by the House on May 3,
2017, by the following vote: Yeas 145, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3165 on May 26, 2017, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3165 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor