79R574 UM-D

By:  Dutton                                                       H.B. No. 431



A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of certain evidence in capital cases 
in which the state seeks the death penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.44 to read as follows:
	Art. 38.44.  EVIDENCE IN DEATH PENALTY CASES.  (a)  This 
article applies to a capital case other than a capital case in which 
the attorney representing the state has notified the court in 
writing or in open court that the state will not seek the death 
penalty.
	(b)  Testimony of an informant or of an alleged accomplice of 
the defendant is not admissible if the testimony is given in 
exchange for a grant or promise by the attorney representing the 
state or another of immunity from prosecution, reduction of 
sentence, or any other form of leniency or special treatment.  
Article 38.14 does not apply to accomplice testimony described by 
this subsection.
	(c)  A statement against interest made by the defendant to a 
person who at the time of the alleged statement was in custody with 
or imprisoned or confined with the defendant is admissible only if 
the statement is corroborated by an electronic recording.
	SECTION 2.  Article 38.44, Code of Criminal Procedure, as 
added by this Act, applies only to the admissibility of evidence in 
a capital case in which the voir dire examination begins on or after 
the effective date of this Act.  A capital case in which the voir 
dire examination begins before the effective date of this Act is 
covered by the law in effect when the examination begins, and the 
former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.