Bill Text: TX HB839 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-29 - Withdrawn from schedule [HB839 Detail]

Download: Texas-2021-HB839-Introduced.html
  87R5194 AJZ-D
 
  By: Moody H.B. No. 839
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appearance of an arrested person before a
  magistrate and to the retention of certain related records.
         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)  (1) 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 [him] taken before some magistrate of the county where
  the person [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 and
  sound of the arrested person may be presented to the magistrate by
  means of a videoconference.  For purposes of this subsection,
  "videoconference" means a two-way electronic communication of
  image and sound between the arrested person and the magistrate and
  includes secure Internet videoconferencing.
               (2)  The magistrate shall inform in clear language the
  person arrested, either in person or through a videoconference, of:
                     (A)  the accusation against the person [him] and
  of any affidavit filed with the accusation;
                     (B)  the person's [therewith, of his] right to
  retain counsel;
                     (C)  the person's [, of his] right to remain
  silent and to not make a statement;
                     (D)  the fact that any statement the person makes
  may be used against the person;
                     (E)  the person's [, of his] right to have an
  attorney present during any interview with peace officers or
  attorneys representing the state;
                     (F)  the person's [, of his] right to terminate
  the interview at any time;
                     (G)  the person's [, and of his] right to have an
  examining trial;
                     (H)  [. 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; and
                     (I)  [. The magistrate shall inform the person
  arrested of] the procedures for requesting appointment of counsel.
               (3)  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.
               (4)  If the proceeding is conducted through a
  videoconference, the magistrate shall ensure that the arrested
  person is able to connect to and understand the image and sound of
  the videoconference.
               (5)  If the magistrate has reasonable cause to believe
  that the arrested person has a mental illness or is a person with an
  intellectual disability, the magistrate shall follow the
  procedures under Article 16.22.
               (6)  If the magistrate is unable to ensure that the
  arrested person is able to understand and participate in the
  proceeding, the magistrate shall: 
                     (A)  if the magistrate has appointing authority,
  appoint counsel for the person; or
                     (B)  if the magistrate does not have appointing
  authority, notify the appointing authority of the person's
  inability to understand and participate in the proceeding.
               (7)  The magistrate shall ensure that reasonable
  assistance in completing the necessary forms for requesting
  appointment of counsel is provided to the arrested person at the
  same time the person is informed of the person's rights under this
  subsection.
               (8)  If the arrested 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 arrested 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 necessary forms for requesting
  and ruling on 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.]
               (9)  The magistrate shall allow the arrested 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.
               (10)  A record of the communication between the
  arrested person and the magistrate shall be made.  [The record 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 is
  made if the person is charged with a misdemeanor or the 120th day
  after the date on which the record is made if the person is charged
  with a felony.  For purposes of this subsection, "videoconference"
  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 record must be retained for at least
  three years after final judgment is entered in the case or the
  proceedings are otherwise terminated. 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.  The change in law made by this Act 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 immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2021.
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