| 1 | 1 | | 84R2843 MAW-D |
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| 2 | 2 | | By: Dutton H.B. No. 564 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the admissibility of certain evidence in capital cases |
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| 8 | 8 | | in which the state seeks the death penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 38.50 to read as follows: |
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| 12 | 12 | | Art. 38.50. EVIDENCE IN CERTAIN DEATH PENALTY CASES. (a) |
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| 13 | 13 | | This article applies only to a capital case in which the state seeks |
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| 14 | 14 | | the death penalty. |
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| 15 | 15 | | (b) Regardless of whether the testimony constitutes |
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| 16 | 16 | | sufficient corroboration under Article 38.14, testimony of an |
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| 17 | 17 | | informant or of an alleged accomplice of the defendant is not |
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| 18 | 18 | | admissible if the testimony is given in exchange for a grant or |
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| 19 | 19 | | promise by the attorney representing the state or by another of |
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| 20 | 20 | | immunity from prosecution, reduction of sentence, or any other form |
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| 21 | 21 | | of leniency or special treatment. |
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| 22 | 22 | | (c) A statement against interest made by the defendant to a |
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| 23 | 23 | | person who at the time of the alleged statement was in custody with |
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| 24 | 24 | | or imprisoned or confined with the defendant is admissible only if |
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| 25 | 25 | | the statement is corroborated by an electronic recording. |
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| 26 | 26 | | SECTION 2. Article 38.50, Code of Criminal Procedure, as |
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| 27 | 27 | | added by this Act, applies only to the admissibility of evidence in |
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| 28 | 28 | | a capital case in which the voir dire examination begins on or after |
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| 29 | 29 | | the effective date of this Act. A capital case in which the voir |
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| 30 | 30 | | dire examination begins before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect when the examination begins, and the |
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| 32 | 32 | | former law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2015. |
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