HBA-RBT S.B. 460 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 460
By: Armbrister
Criminal Jurisprudence
5/5/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Article 38.22, Code of Criminal Procedure, precludes the state
from using statements of a suspected criminal in criminal proceedings
unless the statements are either recorded or written and signed by the
accused.  This bill makes oral or sign language statements admissible in
criminal proceedings for impeachment purposes if certain conditions,
including a "Miranda warning" are met. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3, Article 38.22, Code of Criminal Procedure, to
provide that no oral or sign language statement resulting from a custodial
interrogation is admissible in a criminal proceeding unless an electronic
aural or visual recording is made of the statement, unless the statement is
used for impeachment of the testimony of the accused or an alibi witness
and certain conditions including a "Miranda warning" or its fully effective
equivalent, are met.  Makes conforming and nonsubstantive changes. 

SECTION 2. Makes application of this Act prospective. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.