Bill Text: TX HB414 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the electronic recording of certain custodial interrogations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Criminal Jurisprudence [HB414 Detail]
Download: Texas-2017-HB414-Introduced.html
85R3078 MEW-F | ||
By: Collier | H.B. No. 414 |
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relating to the electronic recording of certain custodial | ||
interrogations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Articles 2.32 and 2.33 to read as follows: | ||
Art. 2.32. ELECTRONIC RECORDING OF CUSTODIAL | ||
INTERROGATIONS. (a) In this article: | ||
(1) "Custodial interrogation" means any investigative | ||
questioning, other than routine questions associated with booking, | ||
by a peace officer during which: | ||
(A) a reasonable person in the position of the | ||
person being interrogated would consider himself or herself to be | ||
in custody; and | ||
(B) a question is asked that is reasonably likely | ||
to elicit an incriminating response. | ||
(2) "Electronic recording" means an audio or | ||
audiovisual electronic recording that begins at or before the time | ||
the person being interrogated receives a warning described by | ||
Section 2(a), Article 38.22, and continues until the time the | ||
interrogation ceases. | ||
(3) "Place of detention" means a police station or | ||
other building that is a place of operation for a law enforcement | ||
agency, including a municipal police department or county sheriff's | ||
department, and is owned or operated by the law enforcement agency | ||
for the purpose of detaining individuals in connection with the | ||
suspected violation of a penal law. The term does not include a | ||
courthouse. | ||
(b) A law enforcement agency qualified under Article 2.33 to | ||
conduct a custodial interrogation regarding an offense shall make | ||
an electronic recording of any custodial interrogation that occurs | ||
in a place of detention and is of a person suspected of committing | ||
or charged with the commission of a felony offense. | ||
(c) An electronic recording of a custodial interrogation | ||
that complies with this article is exempt from public disclosure | ||
except as provided by Section 552.108, Government Code. | ||
(d) A law enforcement agency otherwise required to make an | ||
electronic recording of a custodial interrogation under this | ||
article is excused from the duty to make the electronic recording | ||
if: | ||
(1) the accused refuses to respond to questioning or | ||
cooperate in a custodial interrogation of which an electronic | ||
recording is made, provided that: | ||
(A) a contemporaneous recording of the refusal is | ||
made; or | ||
(B) the peace officer or agent of the law | ||
enforcement agency conducting the interrogation attempts, in good | ||
faith, to record the accused's refusal but the accused is unwilling | ||
to have the refusal recorded, and the peace officer or agent | ||
contemporaneously, in writing, documents the refusal; | ||
(2) the statement is not made as a result of a | ||
custodial interrogation, including a statement that is made | ||
spontaneously by the accused and not in response to a question by a | ||
peace officer; | ||
(3) the peace officer or agent of the law enforcement | ||
agency conducting the custodial interrogation attempts, in good | ||
faith, to record the interrogation, but the recording equipment | ||
does not function and the officer or agent contemporaneously, in | ||
writing, documents the reason why it is not possible to delay the | ||
interrogation; or | ||
(4) the peace officer or agent of the law enforcement | ||
agency conducting the custodial interrogation reasonably believes | ||
at the time the interrogation commences that the accused to be | ||
interrogated was not taken into custody for or being interrogated | ||
concerning the commission of a felony offense. | ||
Art. 2.33. LAW ENFORCEMENT AGENCIES QUALIFIED TO CONDUCT | ||
CERTAIN CUSTODIAL INTERROGATIONS. Only a law enforcement agency | ||
that employs peace officers described by Article 2.12(1), (2), (3), | ||
(4), (5), (6), (7), (8), or (29) is qualified to conduct a custodial | ||
interrogation of an individual suspected of committing a felony | ||
offense. | ||
SECTION 2. This Act takes effect September 1, 2017. |