Bill Text: TX HB823 | 2013-2014 | 83rd 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 1-0)

Status: (Introduced - Dead) 2013-03-12 - Left pending in committee [HB823 Detail]

Download: Texas-2013-HB823-Introduced.html
  83R2748 JRR-F
 
  By: Anchia H.B. No. 823
 
 
 
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 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, 2013.
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