By: Watson, et al. S.B. No. 268
 
  (Anchia)
 
   
 
 
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 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 arrested person may be taken before
  the magistrate in person or the image of the 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 him and of any affidavit filed
  therewith, 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, if the person is not a citizen of the United
  States of America, a plea of guilty or nolo contendere for the
  offense charged may affect the person's immigration or residency
  status and may result in deportation, the exclusion from admission
  to this country, or the denial of naturalization under federal law.
  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 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 he is not required to make a statement and that any statement
  made by him may be used against 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 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
  arrested person and the magistrate and includes secure Internet
  videoconferencing.
         SECTION 2.  This Act takes effect September 1, 2015.