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.