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.