85R2304 JRR-F
	By: Watson	S.B. No. 265

	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 result in other negative consequences in
	addition to the criminal punishment for the offense, including the
	loss or denial of employment, professional licenses, housing,
	public benefits, immigration status, child custody, eligibility
	for military service, and the right to possess a firearm. 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.