HBA-AMW H.B. 2352 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2352 By: Hinojosa Criminal Jurisprudence 3/15/2001 Introduced 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. The officer is under investigation by the United States Department of Justice and concerns have been raised regarding evidence relating to the officer that was excluded by the judge from the trial. Under Texas Rule of Criminal Evidence 403, judges are granted broad discretion in determining which evidence to exclude from a trial. House Bill 2352 limits the authority of a judge to exclude evidence which proves or tends to prove that the accused is innocent of the offense for which the accused is charged. 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 2352 amends the Code of Criminal Procedure to provide that evidence which proves or tends to prove that the accused is innocent of the offense for which the accused is charged is relevant and requires that the evidence not be excluded on the basis that such evidence prejudices the state's case. EFFECTIVE DATE September 1, 2001.