Texas 2017 - 85th Regular

Texas House Bill HB3133 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9733 MAW-F
2	2	By: Smithee H.B. No. 3133
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of in-custody informant testimony in a criminal
8	8	trial.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 38.075, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 38.075. [CORROBORATION OF CERTAIN] TESTIMONY OF
13	13	IN-CUSTODY INFORMANT WITNESS [REQUIRED].
14	14	Sec. 1. DEFINITIONS. In this article:
15	15	(1) "Attorney representing the state" means a district
16	16	attorney, a criminal district attorney, or a county attorney with
17	17	criminal jurisdiction.
18	18	(2) "Benefit" means any deal, payment, leniency,
19	19	inducement, or other advantage that is offered or provided to an
20	20	in-custody informant in exchange for testimony, including:
21	21	(A) leniency in any criminal case or in a
22	22	community supervision or parole matter, including a decision not to
23	23	make an arrest or file charges with respect to an offense, a
24	24	decision to reduce the number or severity of charges, or a decision
25	25	to reduce a sentence;
26	26	(B) money;
27	27	(C) assistance with a change in immigration
28	28	status;
29	29	(D) in-kind benefits such as food, housing, or
30	30	travel;
31	31	(E) in-custody benefits such as visiting
32	32	privileges, transfer to better living conditions, or enhanced
33	33	access to food, entertainment, or other amenities; and
34	34	(F) any benefit that is conferred on a third
35	35	party and that results directly or indirectly from the in-custody
36	36	informant's testimony.
37	37	(3) "Correctional facility" has the meaning assigned
38	38	by Section 1.07, Penal Code.
39	39	(4) "In-custody informant" means a person to whom a
40	40	defendant makes a statement against the defendant's interest while
41	41	the person is imprisoned or confined in the same correctional
42	42	facility as the defendant.
43	43	(5) "In-custody informant index" means a centralized
44	44	index that includes information and records related to in-custody
45	45	informants who may or may not be used as witnesses in criminal
46	46	trials.
47	47	Sec. 2. MAINTAINING AND DISCLOSING IN-CUSTODY INFORMANT
48	48	INFORMATION. (a) Each attorney representing the state shall adopt
49	49	and implement a detailed written policy regarding the creation and
50	50	maintenance of an in-custody informant index.
51	51	(b) The policy must require that information and records
52	52	concerning cases in which an in-custody informant testified or
53	53	offered to testify are maintained in the in-custody informant
54	54	index, including, at a minimum, the following:
55	55	(1) a summary of the informant's testimony and, if
56	56	available, a copy of the testimony;
57	57	(2) any benefit offered or provided to the informant;
58	58	(3) whether the informant has at any time changed the
59	59	informant's statement or testimony regarding a statement allegedly
60	60	made by the defendant;
61	61	(4) the complete criminal history of the informant,
62	62	including:
63	63	(A) any pending charges or investigations in
64	64	which the informant is a suspect; and
65	65	(B) evidence of any prior offense committed by
66	66	the informant, regardless of whether the offense resulted in
67	67	conviction; and
68	68	(5) any other information relevant to the credibility
69	69	of the informant, including any history of mental illness or drug or
70	70	alcohol abuse.
71	71	(c) The policy must require that any information or records
72	72	maintained under Subsection (b) relating to an in-custody informant
73	73	in the defendant's case be disclosed to the defendant and the
74	74	defendant's attorney.
75	75	Sec. 3. PRETRIAL RELIABILITY HEARING. The testimony of an
76	76	in-custody informant is not admissible against a defendant in a
77	77	criminal trial, whether offered in the guilt or innocence phase or
78	78	the punishment phase of the trial, unless:
79	79	(1) on or before the 14th day before the date the trial
80	80	begins, the attorney representing the state:
81	81	(A) notifies the defendant of:
82	82	(i) the state's intention to offer the
83	83	testimony; and
84	84	(ii) the name of the informant; and
85	85	(B) provides the defendant with a written summary
86	86	of the testimony to be offered and a copy of all prior written,
87	87	oral, or recorded statements of the informant concerning the
88	88	defendant;
89	89	(2) the judge finds, in a hearing conducted outside
90	90	the presence of the jury, that the testimony of the informant is
91	91	reliable after considering relevant factors, including:
92	92	(A) any benefit offered or provided to the
93	93	informant;
94	94	(B) the time, date, location, and substance of:
95	95	(i) any statement allegedly made by the
96	96	defendant to the informant; and
97	97	(ii) any informant statement that was given
98	98	to a law enforcement agency and that implicates the defendant in the
99	99	offense charged;
100	100	(C) whether the informant has at any time changed
101	101	the informant's statement or testimony regarding a statement
102	102	allegedly made by the defendant;
103	103	(D) the complete criminal history of the
104	104	informant, including:
105	105	(i) any pending charges or investigations
106	106	in which the informant is a suspect; and
107	107	(ii) evidence of any prior offense
108	108	committed by the informant, regardless of whether the offense
109	109	resulted in conviction;
110	110	(E) previous prosecutions in which the informant
111	111	testified or offered to testify, and any benefits offered or
112	112	provided to the informant; and
113	113	(F) any other information relevant to the
114	114	credibility of the informant, including any history of mental
115	115	illness or drug or alcohol abuse; and
116	116	(3) the testimony is otherwise admissible under the
117	117	Texas Rules of Evidence.
118	118	Sec. 4. ADMISSIBILITY OF PRIOR OFFENSES. Notwithstanding
119	119	Rule 609, Texas Rules of Evidence, if testimony of an in-custody
120	120	informant is admitted at trial, evidence of prior offenses
121	121	committed by the informant, regardless of whether the informant was
122	122	convicted, may be admitted for the purpose of impeachment.
123	123	Sec. 5. JURY INSTRUCTION. If testimony of an in-custody
124	124	informant is admitted at trial, on request of the defendant, the
125	125	court may instruct the jury to:
126	126	(1) examine and weigh the testimony of the informant
127	127	with greater care and scrutiny than the testimony of other
128	128	witnesses; and
129	129	(2) consider the factors listed in Section 3(2) in
130	130	assessing the reliability of the testimony.
131	131	Sec. 6. CORROBORATION REQUIRED. (a) A defendant may not be
132	132	convicted of an offense on the testimony of an in-custody informant
133	133	[a person to whom the defendant made a statement against the
134	134	defendant's interest during a time when the person was imprisoned
135	135	or confined in the same correctional facility as the defendant]
136	136	unless the testimony is corroborated by other evidence tending to
137	137	connect the defendant with the offense committed. [In this
138	138	subsection, "correctional facility" has the meaning assigned by
139	139	Section 1.07, Penal Code.]
140	140	(b) Corroboration is not sufficient for the purposes of this
141	141	section [article] if the corroboration only shows that the offense
142	142	was committed.
143	143	SECTION 2. The change in law made by this Act applies to the
144	144	admissibility of evidence in a criminal proceeding that commences
145	145	on or after the effective date of this Act. The admissibility of
146	146	evidence in a criminal proceeding that commences before the
147	147	effective date of this Act is governed by the law in effect on the
148	148	date the proceeding commenced, and the former law is continued in
149	149	effect for that purpose.
150	150	SECTION 3. Each attorney representing the state shall adopt
151	151	and implement the written policy required by Section 2, Article
152	152	38.075, Code of Criminal Procedure, as added by this Act, not later
153	153	than January 1, 2018.
154	154	SECTION 4. This Act takes effect September 1, 2017.