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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain evidence in capital cases |
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in which the state seeks the death penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.45 to read as follows: |
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Art. 38.45. EVIDENCE IN DEATH PENALTY CASES. (a) This |
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article applies to a capital case other than a capital case in which |
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the attorney representing the state has notified the court in |
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writing or in open court that the state will not seek the death |
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penalty. |
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(b) Testimony of an informant or of an alleged accomplice of |
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the defendant is not admissible if the testimony is given in |
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exchange for a grant or promise by the attorney representing the |
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state or another of immunity from prosecution, reduction of |
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sentence, or any other form of leniency or special treatment. |
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Article 38.14 does not apply to accomplice testimony described by |
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this subsection. |
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(c) A statement against interest made by the defendant to a |
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person who at the time of the alleged statement was in custody with |
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or imprisoned or confined with the defendant is admissible only if |
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the statement is corroborated by an electronic recording. |
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SECTION 2. Article 38.45, Code of Criminal Procedure, as |
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added by this Act, applies only to the admissibility of evidence in |
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a capital case in which the voir dire examination begins on or after |
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the effective date of this Act. A capital case in which the voir |
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dire examination begins before the effective date of this Act is |
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covered by the law in effect when the examination begins, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |