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By:  Hinojosa, West                                               S.B. No. 515
	(In the Senate - Filed February 17, 2003; February 19, 2003, 
read first time and referred to Committee on Criminal Justice; 
May 14, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 1; May 14, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 515                                    By:  Ratliff


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 
[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)  A defendant may not be convicted of an offense under 
Chapter 481, Health and Safety Code, on the testimony of a licensed 
peace officer or a special investigator who is acting covertly on 
behalf of a law enforcement agency or under the color of law 
enforcement unless the judge instructs the jury that it should not 
convict the defendant on the uncorroborated testimony of a single 
witness, even if that witness is a peace officer, unless the jury 
believes the unsupported testimony beyond a reasonable doubt.
	(d)  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.



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