HBA-SEP H.B. 173 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 173
By: Lewis, Glenn
Criminal Jurisprudence
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires an oral or sign language statement of an accused made
as a result of custodial interrogation to be electronically recorded for
the statement to be admissible against the accused in a criminal
proceeding.  While audio tape is admissible, a recording that is both
visual and audio would provide a more comprehensive form to be utilized in
the prosecution of a defendant.  House Bill 173 provides that in order for
an oral or sign language statement of an accused made as a result of
custodial interrogation to be admissible against the accused in a criminal
proceeding the electronic recording must be both audio and visual. 

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. 

ANALYSIS

House Bill 173 amends the Code of Criminal Procedure to provide that, in
order for an oral or sign language statement of an accused made as a result
of custodial interrogation to be admissible against the accused in a
criminal proceeding, the electronic recording must be both audio and
visual. 

EFFECTIVE DATE

September 1, 2001.