By Hinojosa, Thompson H.B. No. 2351 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring the corroboration of certain testimony in a 1-3 criminal case involving controlled substances. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is amended 1-6 by adding Article 38.141 to read as follows: 1-7 Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER. (a)(1) 1-8 Except as provided by Subsection (b), a defendant may not be 1-9 convicted of an offense under Chapter 481, Health and Safety Code, 1-10 on the testimony of an undercover peace officer or of a person 1-11 acting covertly on behalf of a law enforcement agency or under the 1-12 color of law enforcement unless the testimony is corroborated by 1-13 other evidence tending to connect the defendant with the offense 1-14 committed. 1-15 (2) Corroboration may include the testimony of 1-16 witnesses described by Subdivision (1) or the production of 1-17 evidence of paraphernalia, fingerprints, audio or video recordings, 1-18 or an effort to evade arrest. 1-19 (3) Corroboration is not sufficient for the purposes 1-20 of this article if the corroboration only shows the commission of 1-21 the offense. 1-22 (b)(1) This article does not require the corroboration of 1-23 the testimony of an undercover peace officer who has been employed 1-24 as a full-time peace officer for at least one year before the 2-1 undercover operation leading to the arrest of the defendant, who 2-2 holds a peace officer's license that has not been suspended or 2-3 revoked at the time of the operation, and who during the operation 2-4 complied with guidelines of the officer's agency or the Commission 2-5 on Law Enforcement Officer Standards and Education designed to 2-6 ensure the reliability of the identification of the defendant as 2-7 the person who the officer believes committed the offense. 2-8 (2) The requirement under Subdivision (1) that an 2-9 undercover peace officer must have been employed as a full-time 2-10 peace officer for at least one year does not apply to a peace 2-11 officer participating in an undercover operation at or primarily 2-12 involving the students of a school or institution of higher 2-13 education. 2-14 (c) In this article: 2-15 (1) "Institution of higher education" means any public 2-16 or private technical institute, junior college, senior college or 2-17 university, medical or dental unit, or other agency of higher 2-18 education as defined by Section 61.003, Education Code. 2-19 (2) "Peace officer" means an individual listed in 2-20 Article 2.12. 2-21 (3) "School" means a public or private elementary or 2-22 secondary school. 2-23 SECTION 2. This Act takes effect September 1, 2001.