79R2793 PEP-D
By: Hodge H.B. No. 3166
A BILL TO BE ENTITLED
AN ACT
relating to requiring the corroboration of certain testimony to
support a criminal conviction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.142 to read as follows:
Art. 38.142. TESTIMONY OF IN-CUSTODY INFORMANT. (a) A
defendant may not be convicted of an offense on the testimony of an
in-custody informant 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 that the offense was
committed.
(c) In this article, "in-custody informant" includes:
(1) a person detained by a peace officer or law
enforcement agency for the purposes of custodial interrogation; and
(2) a person confined in a correctional facility, as
defined by Section 1.07, Penal Code, after being arrested for,
charged with, or convicted of an offense.
SECTION 2. The change in law made by this Act 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 governed by the law in effect when
the judgment was entered, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2005.