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.