HBA-RBT H.B. 492 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 492 By: Lewis, Glenn Criminal Jurisprudence 4/21/1999 Introduced BACKGROUND AND PURPOSE Currently, when an accused is being interrogated during a criminal investigation, an audio electronic recording must be made of the statement for the statement to be admissible. H.B. 492 requires an audio and visual recording of the statment. 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(a), Article 38.22, Code of Criminal Procedure, to require an audio and visual electronic recording, rather than an electronic recording, and to provide that the recording must include, rather than may include, a motion picture or video tape of a statement made by an accused as a result of a custodial interrogation, for the statement to be admissible in a criminal proceeding. Makes a nonsubstantive change. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.