Senate Bill No 16

An act

Ensure timely conviction by default of defendants by one charge in the face of a state emergency, such as a “tsunami,” a “snowstorm,” or other emergencies, so that defendants may enjoy the same and importantly that the judicial process is not impeded.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. SHORT TITLE

This act may be cited as the ‘Emergency Conviction Act.

Title I - EMERGENCY CONVICTION

SEC. 1001. PROCEDURES

• A citizen of Texas has the right to a lawyer as well as medical care if they need it both within processing at the police station and through the court processes.

• Generally, once an attorney is requested and there is one available, law enforcement must stop questioning and wait until the attorney arrives before questioning the suspect.

• Generally, Law enforcement may complete initial processing prior to a legal representative being allowed to see their client, or bringing their client to a medical center or awaiting medical personnel if they need medical care.

• Asking for identification, frisking/searching, and other basic questions (e.g. asking for a plea of guilty or not guilty) are not considered questioning a person, rather elements of initial processing.

• All law enforcement are to attempt to contact a public defender on the request of an arrested person.

• Where it is unreasonable, unfeasible, or impossible to wait for an attorney to arrive [e.g. tsunami impending within 20 minutes], or to render medical care beyond basic first aid (elastic/adhesive bandage), police may continue with processing the arrest and convict the person by default, however, they cannot question the person after the request for a lawyer unless they agree to waive their right against self-incrimination.

• Upon the person being imprisoned safely in Alcatraz or in the DOC while the emergency passes such as the “Tsunami,” the person has full right to receive help from an Alcatraz Doctor or emergency medical staff or seek legal aid using the Texas State Government Discord Website.

TITLE II - ENACTMENT AND SEVERABILITY CLAUSE

SEC. 2001. Severability

The content of this Act is severable. Should one part be ruled unenforceable or unconstitutional, it shall not affect the remaining provisions or parts.

SEC. 2002. Enactment

This bill shall come into effect immediately after passage.

Attorney General

Yeager Kalashnik

Texas Government