Bill Text: TX HB823 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 823 (Prior Session Legislation)

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.