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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the corroboration of certain testimony in a |
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criminal case involving a controlled substance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.141, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY |
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RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE |
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OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be |
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convicted of an offense under Chapter 481, Health and Safety Code, |
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on the testimony of a person who is [not a licensed peace officer or |
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a special investigator but who is] acting covertly on behalf of a |
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law enforcement agency or under the color of law enforcement unless |
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the testimony is corroborated by other evidence tending to connect |
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the defendant with the offense committed. |
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(b) Corroboration is not sufficient for the purposes of this |
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article if the corroboration only shows the commission of the |
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offense. |
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[(c) In this article, "peace officer" means a person listed |
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in Article 2.12, and "special investigator" means a person listed |
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in Article 2.122.] |
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SECTION 2. The change in law made by this Act applies to any |
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case in which a judgment is entered on or after the effective date |
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of this Act. A case in which a judgment is entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the judgment was entered, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |