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By: Ellis |
S.B. No. 116 |
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(In the Senate - Filed November 10, 2008; February 10, 2009, |
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read first time and referred to Committee on Criminal Justice; |
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April 2, 2009, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 7, Nays 0; April 2, 2009, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 116 |
By: Ellis |
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A BILL TO BE ENTITLED
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AN ACT
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relating to electronically recording certain interrogations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.31 to read as follows: |
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Art. 2.31. ELECTRONIC RECORDING OF CERTAIN CUSTODIAL |
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INTERROGATIONS. (a) When practical, a peace officer conducting a |
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custodial interrogation of a person suspected of engaging in |
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conduct that violates a penal law of any grade of felony, including |
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a juvenile, should, using audio-visual equipment or audio |
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equipment, record the entire custodial interrogation, including |
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the warnings described by Section 2, Article 38.22. |
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(b) The Department of Public Safety shall adopt rules for |
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providing funds or electronic recording equipment to law |
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enforcement agencies in this state for the purpose of recording |
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interrogations of criminal defendants or suspects, including |
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juveniles. |
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(c) Nothing in this article affects the admissibility of a |
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statement that is otherwise admissible as evidence in a criminal |
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proceeding. |
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SECTION 2. This Act takes effect September 1, 2009. |
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