79R6329 RMB-D

By:  Ellis                                                        S.B. No. 659



A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of certain information regarding, and 
the admissibility of testimony by, a witness for the state in a 
criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Articles 38.061 and 38.074 to read as follows:
	Art. 38.061.  DISCLOSURE OF WITNESS INDUCEMENT.  (a)  Before 
the trial of a criminal case, the state shall disclose in writing to 
the defendant and to the defendant's counsel the following 
information with respect to each witness for the state expected to 
testify during the trial:
		(1)  whether the witness has received or has been 
promised any inducement, including pay, immunity from or leniency 
in prosecution, and personal advantage, in exchange for testimony;
		(2)  whether the witness has ever recanted or otherwise 
changed the witness's testimony during the investigation or 
prosecution of the case;
		(3)  identifying information regarding any other 
criminal case in which the witness offered a statement against a 
defendant but was not called to testify for the state, whether the 
statement was admitted in the case, and whether the witness 
received or was promised any inducement in exchange for the 
statement; and
		(4)  the criminal history of the witness.                              
	(b)  The state shall supplement its written disclosure under 
this section as necessary to include witnesses added to the witness 
list of the state after the trial begins.
	Art. 38.074.  ADMISSIBILITY HEARING REGARDING TESTIMONY OF 
IN-CUSTODY WITNESS.  (a)  In this article, "in-custody witness" 
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.
	(b)  If the prosecuting attorney will offer testimony by an 
in-custody witness in a criminal case, before the trial of the case 
except as provided by Subsection (e) the judge shall hold a hearing 
to determine the reliability and admissibility, at the guilt or 
innocence phase or the sentencing phase of the trial or both, of the 
testimony.
	(c)  At the hearing, the prosecuting attorney must prove by a 
preponderance of the evidence that the testimony of the in-custody 
witness is reliable.
	(d)  The judge may consider the following factors in 
determining the reliability of an in-custody witness:
		(1)  the alleged statements to which the witness will 
testify and the date, time, place, and other circumstances 
surrounding the statements;
		(2)  whether the witness has received or has been 
promised any inducement, including pay, immunity from or leniency 
in prosecution, and personal advantage, in exchange for the 
testimony;
		(3)  the criminal history of the witness;                              
		(4)  whether the witness has ever recanted or otherwise 
changed the witness's testimony during the investigation or 
prosecution of the case;
		(5)  any other criminal case in which the witness 
testified to alleged confessions or statements by others; and
		(6)  any other evidence that may attest to or diminish 
the reliability of the witness, including the presence or absence 
of any relationship between the defendant and the witness.
	(e)  If an in-custody witness is added to the witness list of 
the state after the date the trial begins, the judge shall hold the 
hearing required by this article as soon as practicable after the 
date the witness is added.
	SECTION 2.  The change in law made by this Act applies only 
to a criminal case in which the voir dire examination begins on or 
after the effective date of this Act.  A criminal 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.