78R14097 KCR-D
By: Lewis, Hupp H.B. No. 2625
Substitute the following for H.B. No. 2625:
By: Keel C.S.H.B. No. 2625
A BILL TO BE ENTITLED
AN ACT
relating to requiring the corroboration of certain testimony in a
criminal case involving controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.141, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.141. TESTIMONY RELATING TO COVERT LAW ENFORCEMENT
ACTIVITY [OF UNDERCOVER PEACE OFFICER OR SPECIAL
INVESTIGATOR]. (a) A defendant may not be convicted of an offense
under Chapter 481, Health and Safety Code, on the testimony of a
person who is a party to a transaction and is [not a licensed peace
officer or a special investigator but who is] acting covertly on
behalf of a law enforcement agency or under the color of law
enforcement unless the testimony is corroborated by other evidence
tending to connect the defendant with the offense committed.
(b) Corroboration is not sufficient for the purposes of this
article if the corroboration only shows the commission of the
offense.
[(c) In this article, "peace officer" means a person listed
in Article 2.12, and "special investigator" means a person listed
in Article 2.122.]
SECTION 2. This Act takes effect September 1, 2003, and
applies to any case in which a judgment has not been entered before
the effective date of this Act. A case in which a judgment has been
entered before the effective date of this Act is covered by the law
in effect when the judgment is entered, and the former law is
continued in effect for that purpose.