85R2 JRR-D     By: Anchia H.B. No. 244       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 the person   arrested [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 person arrested   [person] may be taken before the magistrate in person or the image   of the person 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   the person [him] and [of] any affidavit filed therewith and of the   person's rights[, 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 a plea of guilty or nolo contendere for the   offense charged may affect the person's eligibility for enlistment   or reenlistment in the United States armed forces or may result in   the person's discharge from the United States armed forces if the   person is a member of the armed forces. 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 arrested 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   the person [he] is not required to make a statement and that any   statement made by the person [him] may be used against the person    [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 person 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 person    arrested [person] and the magistrate and includes secure Internet   videoconferencing.          SECTION 2.  This Act takes effect September 1, 2017.