By Martinez Fischer H.B. No. 2753
77R7379 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of the uncorroborated testimony of an
1-3 accomplice in certain actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 38.14, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 38.14. TESTIMONY OF ACCOMPLICE. (a) A conviction may
1-8 [cannot] be had upon the testimony of an accomplice, regardless of
1-9 whether the testimony is corroborated or whether the accomplice has
1-10 entered into a plea agreement [unless corroborated by other
1-11 evidence tending to connect the defendant with the offense
1-12 committed; and the corroboration is not sufficient if it merely
1-13 shows the commission of the offense].
1-14 (b) If the finder of fact does not believe the testimony of
1-15 the accomplice beyond a reasonable doubt, a conviction may not be
1-16 had upon the testimony of the accomplice without other evidence of
1-17 the defendant's guilt.
1-18 (c) The fact that the accomplice has entered a plea of
1-19 guilty to an offense allegedly involving the defendant is not, by
1-20 itself, evidence of the defendant's guilt.
1-21 SECTION 2. Section 54.03(e), Family Code, is amended to read
1-22 as follows:
1-23 (e) A child alleged to have engaged in delinquent conduct or
1-24 conduct indicating a need for supervision need not be a witness
2-1 against nor otherwise incriminate himself. An extrajudicial
2-2 statement which was obtained without fulfilling the requirements of
2-3 this title or of the constitution of this state or the United
2-4 States, may not be used in an adjudication hearing. A statement
2-5 made by the child out of court is insufficient to support a finding
2-6 of delinquent conduct or conduct indicating a need for supervision
2-7 unless it is corroborated in whole or in part by other evidence.
2-8 An adjudication of delinquent conduct or conduct indicating a need
2-9 for supervision may [cannot] be had upon the testimony of an
2-10 accomplice in the manner applicable to a criminal case under
2-11 Article 38.14, Code of Criminal Procedure [unless corroborated by
2-12 other evidence tending to connect the child with the alleged
2-13 delinquent conduct or conduct indicating a need for supervision;
2-14 and the corroboration is not sufficient if it merely shows the
2-15 commission of the alleged conduct]. Evidence illegally seized or
2-16 obtained is inadmissible in an adjudication hearing.
2-17 SECTION 3. Section 31.03(c), Penal Code, is amended to read
2-18 as follows:
2-19 (c) For purposes of Subsection (b):
2-20 (1) evidence that the actor has previously
2-21 participated in recent transactions other than, but similar to,
2-22 that which the prosecution is based is admissible for the purpose
2-23 of showing knowledge or intent and the issues of knowledge or
2-24 intent are raised by the actor's plea of not guilty;
2-25 (2) [the testimony of an accomplice shall be
2-26 corroborated by proof that tends to connect the actor to the crime,
2-27 but the actor's knowledge or intent may be established by the
3-1 uncorroborated testimony of the accomplice;]
3-2 [(3)] an actor engaged in the business of buying and
3-3 selling used or secondhand personal property, or lending money on
3-4 the security of personal property deposited with him, is presumed
3-5 to know upon receipt by the actor of stolen property (other than a
3-6 motor vehicle subject to Chapter 501, Transportation Code) that the
3-7 property has been previously stolen from another if the actor pays
3-8 for or loans against the property $25 or more (or consideration of
3-9 equivalent value) and the actor knowingly or recklessly:
3-10 (A) fails to record the name, address, and
3-11 physical description or identification number of the seller or
3-12 pledgor;
3-13 (B) fails to record a complete description of
3-14 the property, including the serial number, if reasonably available,
3-15 or other identifying characteristics; or
3-16 (C) fails to obtain a signed warranty from the
3-17 seller or pledgor that the seller or pledgor has the right to
3-18 possess the property. It is the express intent of this provision
3-19 that the presumption arises unless the actor complies with each of
3-20 the numbered requirements;
3-21 (3) [(4)] for the purposes of Subdivision (2)(A)
3-22 [(3)(A)], "identification number" means driver's license number,
3-23 military identification number, identification certificate, or
3-24 other official number capable of identifying an individual;
3-25 (4) [(5)] stolen property does not lose its character
3-26 as stolen when recovered by any law enforcement agency;
3-27 (5) [(6)] an actor engaged in the business of
4-1 obtaining abandoned or wrecked motor vehicles or parts of an
4-2 abandoned or wrecked motor vehicle for resale, disposal, scrap,
4-3 repair, rebuilding, demolition, or other form of salvage is
4-4 presumed to know on receipt by the actor of stolen property that
4-5 the property has been previously stolen from another if the actor
4-6 knowingly or recklessly:
4-7 (A) fails to maintain an accurate and legible
4-8 inventory of each motor vehicle component part purchased by or
4-9 delivered to the actor, including the date of purchase or delivery,
4-10 the name, age, address, sex, and driver's license number of the
4-11 seller or person making the delivery, the license plate number of
4-12 the motor vehicle in which the part was delivered, a complete
4-13 description of the part, and the vehicle identification number of
4-14 the motor vehicle from which the part was removed, or in lieu of
4-15 maintaining an inventory, fails to record the name and certificate
4-16 of inventory number of the person who dismantled the motor vehicle
4-17 from which the part was obtained;
4-18 (B) fails on receipt of a motor vehicle to
4-19 obtain a certificate of authority, sales receipt, or transfer
4-20 document as required by Chapter 683, Transportation Code, or a
4-21 certificate of title showing that the motor vehicle is not subject
4-22 to a lien or that all recorded liens on the motor vehicle have been
4-23 released; or
4-24 (C) fails on receipt of a motor vehicle to
4-25 immediately remove an unexpired license plate from the motor
4-26 vehicle, to keep the plate in a secure and locked place, or to
4-27 maintain an inventory, on forms provided by the Texas Department of
5-1 Transportation, of license plates kept under this paragraph,
5-2 including for each plate or set of plates the license plate number
5-3 and the make, motor number, and vehicle identification number of
5-4 the motor vehicle from which the plate was removed;
5-5 (6) [(7)] an actor who purchases or receives a used or
5-6 secondhand motor vehicle is presumed to know on receipt by the
5-7 actor of the motor vehicle that the motor vehicle has been
5-8 previously stolen from another if the actor knowingly or
5-9 recklessly:
5-10 (A) fails to report to the Texas Department of
5-11 Transportation the failure of the person who sold or delivered the
5-12 motor vehicle to the actor to deliver to the actor a properly
5-13 executed certificate of title to the motor vehicle at the time the
5-14 motor vehicle was delivered; or
5-15 (B) fails to file with the county tax
5-16 assessor-collector of the county in which the actor received the
5-17 motor vehicle, not later than the 20th day after the date the actor
5-18 received the motor vehicle, the registration license receipt and
5-19 certificate of title or evidence of title delivered to the actor in
5-20 accordance with Subchapter D, Chapter 520, Transportation Code, at
5-21 the time the motor vehicle was delivered; and
5-22 (7) [(8)] an actor who purchases or receives from any
5-23 source other than a licensed retailer or distributor of pesticides
5-24 a restricted-use pesticide or a state-limited-use pesticide or a
5-25 compound, mixture, or preparation containing a restricted-use or
5-26 state-limited-use pesticide is presumed to know on receipt by the
5-27 actor of the pesticide or compound, mixture, or preparation that
6-1 the pesticide or compound, mixture, or preparation has been
6-2 previously stolen from another if the actor:
6-3 (A) fails to record the name, address, and
6-4 physical description of the seller or pledgor;
6-5 (B) fails to record a complete description of
6-6 the amount and type of pesticide or compound, mixture, or
6-7 preparation purchased or received; and
6-8 (C) fails to obtain a signed warranty from the
6-9 seller or pledgor that the seller or pledgor has the right to
6-10 possess the property.
6-11 SECTION 4. Section 101.06, Alcoholic Beverage Code, is
6-12 repealed.
6-13 SECTION 5. (a) The change in law made by this Act applies
6-14 only to an offense committed on or after the effective date of this
6-15 Act. For purposes of this section, an offense is committed before
6-16 the effective date of this Act if any element of the offense occurs
6-17 before the effective date.
6-18 (b) An offense committed before the effective date of this
6-19 Act is covered by the law in effect when the offense was committed,
6-20 and the former law is continued in effect for that purpose.
6-21 SECTION 6. This Act takes effect September 1, 2001.