By Hinojosa H.B. No. 2351
Substitute the following for H.B. No. 2351:
By Hinojosa C.S.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 two years 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 have been employed as a full-time peace
2-10 officer for at least two years does not apply to a peace officer
2-11 participating in an undercover operation at or primarily involving
2-12 the students of a school or institution of higher education.
2-13 (c) In this article:
2-14 (1) "Institution of higher education" means any public
2-15 or private technical institute, junior college, senior college or
2-16 university, medical or dental unit, or other agency of higher
2-17 education as defined by Section 61.003, Education Code.
2-18 (2) "Peace officer" means an individual listed in
2-19 Article 2.12.
2-20 (3) "School" means a public or private elementary or
2-21 secondary school.
2-22 SECTION 2. This Act takes effect September 1, 2001.