1-1 AN ACT
1-2 relating to the duties of a magistrate regarding the provision of
1-3 bail for a person arrested for a criminal offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Article 15.17, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) In each case enumerated in this Code, the person making
1-8 the arrest shall without unnecessary delay take the person arrested
1-9 or have him taken before some magistrate of the county where the
1-10 accused was arrested or, if necessary to provide more expeditiously
1-11 to the person arrested the warnings described by this article,
1-12 before a magistrate in a county bordering the county in which the
1-13 arrest was made. The arrested person may be taken before the
1-14 magistrate in person or the image of the arrested person may be
1-15 broadcast by closed circuit television to the magistrate. The
1-16 magistrate shall inform in clear language the person arrested,
1-17 either in person or by closed circuit television, of the accusation
1-18 against him and of any affidavit filed therewith, of his right to
1-19 retain counsel, of his right to remain silent, of his right to have
1-20 an attorney present during any interview with peace officers or
1-21 attorneys representing the state, of his right to terminate the
1-22 interview at any time, of his right to request the appointment of
1-23 counsel if he is indigent and cannot afford counsel, and of his
1-24 right to have an examining trial. He shall also inform the person
1-25 arrested that he is not required to make a statement and that any
2-1 statement made by him may be used against him. The magistrate
2-2 shall allow the person arrested reasonable time and opportunity to
2-3 consult counsel and shall, after determining whether the person is
2-4 currently on bail for a separate criminal offense, admit the person
2-5 arrested to bail if allowed by law. A closed circuit television
2-6 system may not be used under this subsection unless the system
2-7 provides for a two-way communication of image and sound between the
2-8 arrested person and the magistrate. A recording of the
2-9 communication between the arrested person and the magistrate shall
2-10 be made. The recording shall be preserved until the earlier of the
2-11 following dates: (1) the date on which the pretrial hearing ends;
2-12 or (2) the 91st day after the date on which the recording is made
2-13 if the person is charged with a misdemeanor or the 120th day after
2-14 the date on which the recording is made if the person is charged
2-15 with a felony. The counsel for the defendant may obtain a copy of
2-16 the recording on payment of a reasonable amount to cover costs of
2-17 reproduction.
2-18 SECTION 2. (a) The change in law made by this Act applies
2-19 only to a person arrested for an offense committed on or after the
2-20 effective date of this Act. For purposes of this section, an
2-21 offense is committed before the effective date of this Act if any
2-22 element of the offense occurs before that date.
2-23 (b) An offense committed before the effective date of this
2-24 Act is covered by the law in effect when the offense was committed,
2-25 and the former law is continued in effect for that purpose.
2-26 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1807 passed the Senate on
May 7, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1807 passed the House on
May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor