HBA-AMW H.B. 2351 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2351
By: Hinojosa
Criminal Jurisprudence
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

A 1999 drug bust in Tulia, Texas led to the arrest of about 10 percent of
the town's African-American residents based on the testimony of one
undercover officer.  Since the bust, concerns have been raised regarding
the undercover investigation and the handling of the case.  The charges
against one of the defendants arrested in the drug bust have been dismissed
and the undercover officer is under investigation by the United States
Department of Justice.  Prior to the 77th Legislature, state law did not
require the testimony of a person who is acting covertly on behalf of a law
enforcement agency or under the color of law enforcement used to convict a
defendant to be corroborated by other evidence.  House Bill 2351 provides
that a conviction cannot be had on the testimony of a person acting
covertly on behalf of a law enforcement agency or under the color of law
enforcement unless there is appropriate corroborating evidence. 

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. 

ANALYSIS

House Bill 2351 amends the Code of Criminal Procedure to prohibit a
defendant from being convicted of a controlled substance offense on the
testimony of a person who is not a licensed peace officer or a special
investigator but who is acting covertly on behalf of a law enforcement
agency or under the color of law enforcement unless the testimony is
corroborated by other evidence tending to connect the defendant with the
offense committed and to provide that the corroboration is not sufficient
if the corroboration only shows the commission of the offense.  

EFFECTIVE DATE

September 1, 2001.