83R909 MAW-D
 
  By: Dutton H.B. No. 189
 
 
 
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 38.48 to read as follows:
         Art. 38.48.  EVIDENCE IN CERTAIN DEATH PENALTY CASES. (a)
  This article applies only to a capital case in which the state seeks
  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 by 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 38.48, 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
  governed 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, 2013.