SRC-TAG S.B. 515 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 515
78R3910 EMT-DBy: Hinojosa
Criminal Justice
3/17/2003
As Filed


DIGEST AND PURPOSE 

Current law requires corroborating evidence for the testimony of a
confidential informant (CI) to obtain a conviction under Texas' Controlled
Substances Act, but does not require the  corroboration of a peace
officer's testimony.  Moreover, in 2001, 180 drug cases from undercover
stings were dismissed because officers' testimonies were uncorroborated
and the officers were discredited or unavailable at the trials.   As
proposed, S.B. 515 requires the supporting testimony of anyone operating
in an undercover drug sting as an agent of law enforcement. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article  38.141, Code of Criminal Procedure, as follows:

Art. 38.141.   New heading: TESTIMONY RELATING TO COVERT LAW ENFORCEMENT
ACTIVITY.  (a)   Deletes text prohibiting the use of testimony by a
person who is not a licensed peace officer or special investigator to
convict a defendant of an offense under Chapter 481 (Texas Controlled
Substances Act), Health and Safety Code.    

(c)  Deletes text defining "peace officer" and "special investigator." 

SECTION 2.  Effective date:  September 1, 2003.   
                       Makes application of this Act prospective.