HBA-KMH H.B. 3055 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3055
By: Mowery
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, a person came into a Washington State Police station and wanted to
talk about an 11-yearold Fort Worth unsolved homicide case.  After
conferring with a Fort Worth Police detective, a statement was given by the
defendant, proclaiming his guilt, on forms used in Washington State. This
form was faxed to Fort Worth.  The homicide detective conferred with the
district attorney and was told that the police department had to have the
statement on the State of Texas form with its warning clause due to the
requirements of Article 38.22, Section 2, Code of Criminal Procedure. The
forms that the confession was written on were legal and approved for the
use in the State of Washington, but were not admissible in Texas.  

H.B. 3055 provides that any written, oral, or sign language statement of an
accused made as a result of a custodial interrogation and lawfully obtained
under the laws of another state is admissible against the accused in a
criminal proceeding in this state. 

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 Article 38.22, Code of Criminal Procedure, by adding
Section 8, as follows: 

Sec.  8.  Provides that any written, oral, or sign language statement of an
accused made as a result of a custodial interrogation and lawfully obtained
under the laws of another state is admissible against the accused in a
criminal proceeding in this state. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.