| Old | New | Differences | |
|---|---|---|---|
| 1 | - | H.B. No. 34 | |
| 1 | + | By: Smithee, et al. (Senate Sponsor - Perry) H.B. No. 34 | |
| 2 | + | (In the Senate - Received from the House May 3, 2017; | |
| 3 | + | May 18, 2017, read first time and referred to Committee on Criminal | |
| 4 | + | Justice; May 21, 2017, reported adversely, with favorable | |
| 5 | + | Committee Substitute by the following vote: Yeas 7, Nays 0; | |
| 6 | + | May 21, 2017, sent to printer.) | |
| 7 | + | Click here to see the committee vote | |
| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 34 By: Whitmire | |
| 2 | 9 | ||
| 3 | 10 | ||
| 11 | + | A BILL TO BE ENTITLED | |
| 4 | 12 | AN ACT | |
| 5 | 13 | relating to measures to prevent wrongful convictions. | |
| 6 | 14 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 7 | 15 | SECTION 1. Chapter 2, Code of Criminal Procedure, is | |
| 8 | 16 | amended by adding Articles 2.023 and 2.32 to read as follows: | |
| 9 | 17 | Art. 2.023. TRACKING USE OF CERTAIN TESTIMONY. (a) In this | |
| 10 | 18 | article: | |
| 11 | 19 | (1) "Attorney representing the state" means a district | |
| 12 | 20 | attorney, a criminal district attorney, or a county attorney with | |
| 13 | 21 | criminal jurisdiction. | |
| 14 | 22 | (2) "Correctional facility" has the meaning assigned | |
| 15 | 23 | by Section 1.07, Penal Code. | |
| 16 | 24 | (b) An attorney representing the state shall track: | |
| 17 | 25 | (1) the use of testimony of a person to whom a | |
| 18 | 26 | defendant made a statement against the defendant's interest while | |
| 19 | 27 | the person was imprisoned or confined in the same correctional | |
| 20 | - | facility as the defendant, if known by the attorney representing | |
| 21 | - | the state, regardless of whether the testimony is presented at | |
| 22 | - | trial; and | |
| 28 | + | facility as the defendant, regardless of whether the testimony is | |
| 29 | + | presented at trial; and | |
| 23 | 30 | (2) any benefits offered or provided to a person in | |
| 24 | 31 | exchange for testimony described by Subdivision (1). | |
| 25 | 32 | Art. 2.32. ELECTRONIC RECORDING OF CUSTODIAL | |
| 26 | 33 | INTERROGATIONS. (a) In this article: | |
| 27 | 34 | (1) "Electronic recording" means an audiovisual | |
| 28 | 35 | electronic recording, or an audio recording if an audiovisual | |
| 29 | 36 | electronic recording is unavailable, that is authentic, accurate, | |
| 30 | 37 | and unaltered. | |
| 31 | 38 | (2) "Law enforcement agency" means an agency of the | |
| 32 | 39 | state, or of a county, municipality, or other political subdivision | |
| 33 | 40 | of this state, that employs peace officers who, in the routine | |
| 34 | 41 | performance of the officers' duties, conduct custodial | |
| 35 | 42 | interrogations of persons suspected of committing criminal | |
| 36 | 43 | offenses. | |
| 37 | 44 | (3) "Place of detention" means a police station or | |
| 38 | 45 | other building that is a place of operation for a law enforcement | |
| 39 | 46 | agency, including a municipal police department or county sheriff's | |
| 40 | 47 | department, and is owned or operated by the law enforcement agency | |
| 41 | 48 | for the purpose of detaining persons in connection with the | |
| 42 | 49 | suspected violation of a penal law. The term does not include a | |
| 43 | 50 | courthouse. | |
| 44 | 51 | (b) Unless good cause exists that makes electronic | |
| 45 | 52 | recording infeasible, a law enforcement agency shall make a | |
| 46 | 53 | complete and contemporaneous electronic recording of any custodial | |
| 47 | 54 | interrogation that occurs in a place of detention and is of a person | |
| 48 | 55 | suspected of committing or charged with the commission of an | |
| 49 | 56 | offense under: | |
| 50 | 57 | (1) Section 19.02, Penal Code (murder); | |
| 51 | 58 | (2) Section 19.03, Penal Code (capital murder); | |
| 52 | 59 | (3) Section 20.03, Penal Code (kidnapping); | |
| 53 | 60 | (4) Section 20.04, Penal Code (aggravated | |
| 54 | 61 | kidnapping); | |
| 55 | 62 | (5) Section 20A.02, Penal Code (trafficking of | |
| 56 | 63 | persons); | |
| 57 | 64 | (6) Section 20A.03, Penal Code (continuous | |
| 58 | 65 | trafficking of persons); | |
| 59 | 66 | (7) Section 21.02, Penal Code (continuous sexual abuse | |
| 60 | 67 | of young child or children); | |
| 61 | 68 | (8) Section 21.11, Penal Code (indecency with a | |
| 62 | 69 | child); | |
| 63 | 70 | (9) Section 21.12, Penal Code (improper relationship | |
| 64 | 71 | between educator and student); | |
| 65 | 72 | (10) Section 22.011, Penal Code (sexual assault); | |
| 66 | 73 | (11) Section 22.021, Penal Code (aggravated sexual | |
| 67 | 74 | assault); or | |
| 68 | 75 | (12) Section 43.25, Penal Code (sexual performance by | |
| 69 | 76 | a child). | |
| 70 | 77 | (c) For purposes of Subsection (b), an electronic recording | |
| 71 | 78 | of a custodial interrogation is complete only if the recording: | |
| 72 | 79 | (1) begins at or before the time the person being | |
| 73 | 80 | interrogated enters the area of the place of detention in which the | |
| 74 | 81 | custodial interrogation will take place or receives a warning | |
| 75 | 82 | described by Section 2(a), Article 38.22, whichever is earlier; and | |
| 76 | 83 | (2) continues until the time the interrogation ceases. | |
| 77 | 84 | (d) For purposes of Subsection (b), good cause that makes | |
| 78 | 85 | electronic recording infeasible includes the following: | |
| 79 | 86 | (1) the person being interrogated refused to respond | |
| 80 | 87 | or cooperate in a custodial interrogation at which an electronic | |
| 81 | 88 | recording was being made, provided that: | |
| 82 | 89 | (A) a contemporaneous recording of the refusal | |
| 83 | 90 | was made; or | |
| 84 | 91 | (B) the peace officer or agent of the law | |
| 85 | 92 | enforcement agency conducting the interrogation attempted, in good | |
| 86 | 93 | faith, to record the person's refusal but the person was unwilling | |
| 87 | 94 | to have the refusal recorded, and the peace officer or agent | |
| 88 | 95 | contemporaneously, in writing, documented the refusal; | |
| 89 | 96 | (2) the statement was not made as the result of a | |
| 90 | 97 | custodial interrogation, including a statement that was made | |
| 91 | 98 | spontaneously by the accused and not in response to a question by a | |
| 92 | 99 | peace officer; | |
| 93 | 100 | (3) the peace officer or agent of the law enforcement | |
| 94 | 101 | agency conducting the interrogation attempted, in good faith, to | |
| 95 | 102 | record the interrogation but the recording equipment did not | |
| 96 | 103 | function, the officer or agent inadvertently operated the equipment | |
| 97 | 104 | incorrectly, or the equipment malfunctioned or stopped operating | |
| 98 | 105 | without the knowledge of the officer or agent; | |
| 99 | 106 | (4) exigent public safety concerns prevented or | |
| 100 | 107 | rendered infeasible the making of an electronic recording of the | |
| 101 | 108 | statement; or | |
| 102 | 109 | (5) the peace officer or agent of the law enforcement | |
| 103 | 110 | agency conducting the interrogation reasonably believed at the time | |
| 104 | 111 | the interrogation commenced that the person being interrogated was | |
| 105 | 112 | not taken into custody for or being interrogated concerning the | |
| 106 | 113 | commission of an offense listed in Subsection (b). | |
| 107 | 114 | (e) A recording of a custodial interrogation that complies | |
| 108 | 115 | with this article is exempt from public disclosure as provided by | |
| 109 | 116 | Section 552.108, Government Code. | |
| 110 | - | SECTION 2. Chapter 2, Code of Criminal Procedure, is | |
| 111 | - | amended by adding Article 2.1386 to read as follows: | |
| 112 | - | Art. 2.1386. EYEWITNESS IDENTIFICATION PROTOCOLS. (a) In | |
| 113 | - | this article, "law enforcement agency" means an agency of the state | |
| 114 | - | or an agency of a political subdivision of the state authorized by | |
| 115 | - | law to employ peace officers. | |
| 116 | - | (b) The Texas Commission on Law Enforcement shall establish | |
| 117 | - | a comprehensive education and training program on eyewitness | |
| 118 | - | identification, including material regarding variables that affect | |
| 119 | - | a witness's vision and memory, practices for minimizing | |
| 120 | - | contamination, and effective eyewitness identification protocols. | |
| 121 | - | (c) Each law enforcement agency shall require each peace | |
| 122 | - | officer who is employed by the agency and who performs eyewitness | |
| 123 | - | identification procedures to complete the education and training | |
| 124 | - | described by Subsection (b). | |
| 125 | - | SECTION 3. Article 38.075, Code of Criminal Procedure, is | |
| 117 | + | SECTION 2. Article 38.075, Code of Criminal Procedure, is | |
| 126 | 118 | amended by adding Subsection (c) to read as follows: | |
| 127 | 119 | (c) Evidence of a prior offense committed by a person who | |
| 128 | 120 | gives testimony described by Subsection (a) may be admitted for the | |
| 129 | 121 | purpose of impeachment if the person received a benefit described | |
| 130 | 122 | by Article 39.14(h-1)(2) with respect to the offense, regardless of | |
| 131 | 123 | whether the person was convicted of the offense. | |
| 132 | - | SECTION | |
| 124 | + | SECTION 3. Section 3, Article 38.20, Code of Criminal | |
| 133 | 125 | Procedure, is amended by amending Subsection (c) and adding | |
| 134 | 126 | Subsection (d) to read as follows: | |
| 135 | 127 | (c) The model policy or any other policy adopted by a law | |
| 136 | 128 | enforcement agency under Subsection (a) must: | |
| 137 | 129 | (1) be based on: | |
| 138 | 130 | (A) credible field, academic, or laboratory | |
| 139 | 131 | research on eyewitness memory; | |
| 140 | 132 | (B) relevant policies, guidelines, and best | |
| 141 | 133 | practices designed to reduce erroneous eyewitness identifications | |
| 142 | 134 | and to enhance the reliability and objectivity of eyewitness | |
| 143 | 135 | identifications; and | |
| 144 | 136 | (C) other relevant information as appropriate; | |
| 145 | 137 | and | |
| 146 | 138 | (2) include [address] the following information | |
| 147 | 139 | regarding evidence-based practices [topics]: | |
| 148 | 140 | (A) procedures for selecting [the selection of] | |
| 149 | 141 | photograph and live lineup filler photographs or participants to | |
| 150 | 142 | ensure that the photographs or participants: | |
| 151 | 143 | (i) are consistent in appearance with the | |
| 152 | - | description of the alleged perpetrator; and | |
| 144 | + | description of the alleged perpetrator that was provided by a | |
| 145 | + | witness; and | |
| 153 | 146 | (ii) do not make the suspect noticeably | |
| 154 | 147 | stand out; | |
| 155 | 148 | (B) instructions given to a witness before | |
| 156 | 149 | conducting a photograph or live lineup identification procedure | |
| 157 | 150 | that must include a statement that the person who committed the | |
| 158 | - | offense may or may not be present in the procedure; | |
| 151 | + | offense may or may not be present in the procedure and that the | |
| 152 | + | investigation will continue regardless of whether the witness | |
| 153 | + | identifies a person in the procedure; | |
| 159 | 154 | (C) procedures for documenting and preserving | |
| 160 | 155 | the [documentation and preservation of] results of a photograph or | |
| 161 | 156 | live lineup identification procedure, including the documentation | |
| 162 | 157 | of witness statements, regardless of the outcome of the procedure; | |
| 163 | 158 | (D) procedures for administering a photograph or | |
| 164 | 159 | live lineup identification procedure to an illiterate person or a | |
| 165 | 160 | person with limited English language proficiency; | |
| 166 | 161 | (E) for a live lineup identification procedure, | |
| 167 | - | if practicable, procedures for assigning an administrator who is | |
| 162 | + | [if practicable,] procedures for assigning an administrator who is | |
| 168 | 163 | unaware of which member of the live lineup is the suspect in the | |
| 169 | - | case or alternative procedures designed to prevent opportunities | |
| 170 | - | influence the witness; | |
| 164 | + | case [or alternative procedures designed to prevent opportunities | |
| 165 | + | to influence the witness]; | |
| 171 | 166 | (F) for a photograph identification procedure, | |
| 172 | 167 | procedures for assigning an administrator who is capable of | |
| 173 | 168 | administering a photograph array in a blind manner or in a manner | |
| 174 | 169 | consistent with other proven or supported best practices designed | |
| 175 | 170 | to prevent opportunities to influence the witness; and | |
| 176 | 171 | (G) any other procedures or best practices | |
| 177 | 172 | supported by credible research or commonly accepted as a means to | |
| 178 | 173 | reduce erroneous eyewitness identifications and to enhance the | |
| 179 | 174 | objectivity and reliability of eyewitness identifications. | |
| 180 | 175 | (d) A witness who makes an identification based on a | |
| 181 | 176 | photograph or live lineup identification procedure shall be asked | |
| 182 | 177 | immediately after the procedure to state, in the witness's own | |
| 183 | - | words, how confident the witness is in making the identification. A | |
| 184 | - | law enforcement agency shall document in accordance with Subsection | |
| 185 | - | (c)(2)(C) any statement made under this subsection. | |
| 186 | - | SECTION 5. Section 5, Article 38.20, Code of Criminal | |
| 178 | + | words, the witness's level of confidence in making the | |
| 179 | + | identification. A law enforcement agency shall document in | |
| 180 | + | accordance with Subsection (c)(2)(C) any statement made under this | |
| 181 | + | subsection. | |
| 182 | + | SECTION 4. Section 5, Article 38.20, Code of Criminal | |
| 187 | 183 | Procedure, is amended to read as follows: | |
| 188 | 184 | Sec. 5. (a) Any evidence or expert testimony presented by | |
| 189 | 185 | the state or the defendant on the subject of eyewitness | |
| 190 | 186 | identification is admissible only subject to compliance with the | |
| 191 | 187 | Texas Rules of Evidence. Except as provided by Subsection (c), | |
| 192 | 188 | evidence [Evidence] of compliance with the model policy or any | |
| 193 | 189 | other policy adopted under this article [or with the minimum | |
| 194 | 190 | requirements of this article] is not a condition precedent to the | |
| 195 | 191 | admissibility of an out-of-court eyewitness identification. | |
| 196 | 192 | (b) Notwithstanding Article 38.23 as that article relates | |
| 197 | 193 | to a violation of a state statute and except as provided by | |
| 198 | 194 | Subsection (c), a failure to conduct a photograph or live lineup | |
| 199 | 195 | identification procedure in substantial compliance with the model | |
| 200 | 196 | policy or any other policy adopted under this article [or with the | |
| 201 | 197 | minimum requirements of this article] does not bar the admission of | |
| 202 | 198 | eyewitness identification testimony in the courts of this state. | |
| 203 | 199 | (c) If a witness who has previously made an out-of-court | |
| 204 | 200 | photograph or live lineup identification of the accused makes an | |
| 205 | 201 | in-court identification of the accused, the eyewitness | |
| 206 | 202 | identification is admissible into evidence against the accused only | |
| 207 | - | if the evidence is accompanied by the details of each prior | |
| 208 | - | photograph or live lineup identification made of the accused by the | |
| 209 | - | witness, including the manner in which the identification procedure | |
| 210 | - | was conducted. | |
| 211 | - | SECTION 6. Article 38.22, Code of Criminal Procedure, is | |
| 203 | + | if the evidence is accompanied by: | |
| 204 | + | (1) the details of each prior photograph or live | |
| 205 | + | lineup identification made of the accused by the witness, including | |
| 206 | + | the manner in which the identification procedure was conducted; and | |
| 207 | + | (2) evidence showing the witness's confidence level as | |
| 208 | + | described by the witness at the time of a prior photograph or live | |
| 209 | + | lineup identification specified under Subdivision (1). | |
| 210 | + | SECTION 5. Article 38.22, Code of Criminal Procedure, is | |
| 212 | 211 | amended by adding Section 9 to read as follows: | |
| 213 | 212 | Sec. 9. Notwithstanding any other provision of this | |
| 214 | 213 | article, no oral, sign language, or written statement that is made | |
| 215 | 214 | by a person accused of an offense listed in Article 2.32(b) and made | |
| 216 | 215 | as a result of a custodial interrogation occurring in a place of | |
| 217 | 216 | detention, as that term is defined by Article 2.32, is admissible | |
| 218 | 217 | against the accused in a criminal proceeding unless: | |
| 219 | 218 | (1) an electronic recording was made of the statement, | |
| 220 | 219 | as required by Article 2.32(b); or | |
| 221 | 220 | (2) the attorney representing the state offers proof | |
| 222 | 221 | satisfactory to the court that good cause, as described by Article | |
| 223 | 222 | 2.32(d), existed that made electronic recording of the custodial | |
| 224 | 223 | interrogation infeasible. | |
| 225 | - | SECTION | |
| 224 | + | SECTION 6. Article 39.14, Code of Criminal Procedure, is | |
| 226 | 225 | amended by adding Subsection (h-1) to read as follows: | |
| 227 | 226 | (h-1) In this subsection, "correctional facility" has the | |
| 228 | 227 | meaning assigned by Section 1.07, Penal Code. Notwithstanding any | |
| 229 | 228 | other provision of this article, if the state intends to use at a | |
| 230 | 229 | defendant's trial testimony of a person to whom the defendant made a | |
| 231 | 230 | statement against the defendant's interest while the person was | |
| 232 | 231 | imprisoned or confined in the same correctional facility as the | |
| 233 | - | defendant, the state shall disclose to the defendant any | |
| 234 | - | information in the possession, custody, or control of the state | |
| 235 | - | that is relevant to the person's credibility, including: | |
| 232 | + | defendant, the state shall disclose to the defendant: | |
| 236 | 233 | (1) the person's complete criminal history, including | |
| 237 | 234 | any charges that were dismissed or reduced as part of a plea | |
| 238 | 235 | bargain; | |
| 239 | 236 | (2) any grant, promise, or offer of immunity from | |
| 240 | 237 | prosecution, reduction of sentence, or other leniency or special | |
| 241 | 238 | treatment, given by the state in exchange for the person's | |
| 242 | - | testimony; | |
| 239 | + | testimony; | |
| 243 | 240 | (3) information concerning other criminal cases in | |
| 244 | 241 | which the person has testified, or offered to testify, against a | |
| 245 | 242 | defendant with whom the person was imprisoned or confined, | |
| 246 | 243 | including any grant, promise, or offer as described by Subdivision | |
| 247 | - | (2) given by the state in exchange for the testimony. | |
| 244 | + | (2) given by the state in exchange for the testimony; and | |
| 245 | + | (4) other information in the possession, custody, or | |
| 246 | + | control of the state that is relevant to the person's credibility. | |
| 247 | + | SECTION 7. Section 1701.253, Occupations Code, is amended | |
| 248 | + | by adding Subsection (n) to read as follows: | |
| 249 | + | (n) As part of the minimum curriculum requirements, the | |
| 250 | + | commission shall establish a statewide comprehensive education and | |
| 251 | + | training program on eyewitness identification, including the | |
| 252 | + | variables that affect a witness's vision and memory, practices for | |
| 253 | + | minimizing contamination, and effective eyewitness identification | |
| 254 | + | protocols. | |
| 248 | 255 | SECTION 8. STUDY REGARDING USE OF DRUG FIELD TEST KITS. (a) | |
| 249 | 256 | The Texas Forensic Science Commission shall conduct a study | |
| 250 | 257 | regarding the use of drug field test kits by law enforcement | |
| 251 | 258 | agencies in this state. The commission shall: | |
| 252 | 259 | (1) evaluate the quality, accuracy, and reliability of | |
| 253 | 260 | drug field test kits; | |
| 254 | 261 | (2) identify any common problems with drug field test | |
| 255 | 262 | kits; | |
| 256 | 263 | (3) evaluate the availability and adequacy of training | |
| 257 | 264 | for law enforcement officers regarding the use of drug field test | |
| 258 | 265 | kits and the interpretation of the test results; and | |
| 259 | 266 | (4) develop legislative recommendations regarding the | |
| 260 | 267 | use of drug field test kits by law enforcement agencies and | |
| 261 | 268 | regarding related training for law enforcement officers. | |
| 262 | 269 | (b) Not later than December 1, 2018, the Texas Forensic | |
| 263 | 270 | Science Commission shall submit to the governor, the lieutenant | |
| 264 | 271 | governor, and each member of the legislature a written report that | |
| 265 | 272 | summarizes the results of the study conducted under this section | |
| 266 | 273 | and includes any legislative recommendations. | |
| 267 | 274 | SECTION 9. CRIME SCENE INVESTIGATION STUDY. (a) The Texas | |
| 268 | 275 | Forensic Science Commission shall conduct a study regarding the | |
| 269 | 276 | manner in which crime scene investigations are conducted in this | |
| 270 | 277 | state. The commission shall: | |
| 271 | 278 | (1) evaluate the standard procedures used in | |
| 272 | 279 | processing a crime scene and evaluate the quality of crime scene | |
| 273 | 280 | investigations; | |
| 274 | 281 | (2) evaluate the availability and adequacy of the | |
| 275 | 282 | training or continuing education provided to crime scene | |
| 276 | 283 | investigators; and | |
| 277 | 284 | (3) develop legislative recommendations regarding | |
| 278 | 285 | improvements to crime scene investigation procedures and training. | |
| 279 | 286 | (b) Not later than December 1, 2018, the Texas Forensic | |
| 280 | 287 | Science Commission shall submit to the governor, the lieutenant | |
| 281 | 288 | governor, and each member of the legislature a written report that | |
| 282 | 289 | summarizes the results of the study conducted under this section | |
| 283 | 290 | and includes any legislative recommendations. | |
| 284 | - | SECTION 10. Not later than January 1, 2018, the Texas | |
| 285 | - | Commission on Law Enforcement shall adopt the comprehensive | |
| 286 | - | education and training program required by Article 2.1386, Code of | |
| 287 | - | Criminal Procedure, as added by this Act. | |
| 288 | - | SECTION 11. Article 2.32 and Section 9, Article 38.22, Code | |
| 291 | + | SECTION 10. Article 2.32 and Section 9, Article 38.22, Code | |
| 289 | 292 | of Criminal Procedure, as added by this Act, apply to the use of a | |
| 290 | 293 | statement resulting from a custodial interrogation that occurs on | |
| 291 | 294 | or after March 1, 2018, regardless of whether the criminal offense | |
| 292 | 295 | giving rise to that interrogation is committed before, on, or after | |
| 293 | 296 | that date. | |
| 294 | - | SECTION | |
| 297 | + | SECTION 11. Article 38.075(c), Code of Criminal Procedure, | |
| 295 | 298 | as added by this Act, applies to the admissibility of evidence in a | |
| 296 | 299 | criminal proceeding that commences on or after the effective date | |
| 297 | 300 | of this Act. The admissibility of evidence in a criminal proceeding | |
| 298 | 301 | that commences before the effective date of this Act is governed by | |
| 299 | 302 | the law in effect on the date the proceeding commenced, and the | |
| 300 | 303 | former law is continued in effect for that purpose. | |
| 301 | - | SECTION | |
| 304 | + | SECTION 12. (a) Section 3(d), Article 38.20, Code of | |
| 302 | 305 | Criminal Procedure, as added by this Act, applies only to a | |
| 303 | 306 | photograph or live lineup identification procedure conducted on or | |
| 304 | 307 | after the effective date of this Act, regardless of whether the | |
| 305 | 308 | offense to which the procedure is related was committed before, on, | |
| 306 | 309 | or after the effective date of this Act. | |
| 307 | 310 | (b) Section 5, Article 38.20, Code of Criminal Procedure, as | |
| 308 | 311 | amended by this Act, applies only to the trial of an offense with | |
| 309 | 312 | respect to which a prior photograph or live lineup identification | |
| 310 | 313 | of the accused occurred on or after the effective date of this Act, | |
| 311 | 314 | regardless of whether the offense that is the subject of the trial | |
| 312 | 315 | was committed before, on, or after the effective date of this Act. | |
| 313 | - | SECTION | |
| 316 | + | SECTION 13. Article 39.14(h-1), Code of Criminal Procedure, | |
| 314 | 317 | as added by this Act, applies to the prosecution of an offense | |
| 315 | 318 | committed on or after the effective date of this Act. The | |
| 316 | 319 | prosecution of an offense committed before the effective date of | |
| 317 | 320 | this Act is governed by the law in effect on the date the offense was | |
| 318 | 321 | committed, and the former law is continued in effect for that | |
| 319 | 322 | purpose. For purposes of this section, an offense is committed | |
| 320 | 323 | before the effective date of this Act if any element of the offense | |
| 321 | 324 | occurs before the effective date. | |
| 325 | + | SECTION 14. Not later than January 1, 2018, the Texas | |
| 326 | + | Commission on Law Enforcement shall establish the eyewitness | |
| 327 | + | identification education and training program as required by | |
| 328 | + | Section 1701.253(n), Occupations Code, as added by this Act. | |
| 322 | 329 | SECTION 15. This Act takes effect September 1, 2017. | |
| 323 | - | ______________________________ ______________________________ | |
| 324 | - | President of the Senate Speaker of the House | |
| 325 | - | I certify that H.B. No. 34 was passed by the House on May 2, | |
| 326 | - | 2017, by the following vote: Yeas 140, Nays 3, 1 present, not | |
| 327 | - | voting; and that the House concurred in Senate amendments to H.B. | |
| 328 | - | No. 34 on May 26, 2017, by the following vote: Yeas 140, Nays 3, 2 | |
| 329 | - | present, not voting. | |
| 330 | - | ______________________________ | |
| 331 | - | Chief Clerk of the House | |
| 332 | - | I certify that H.B. No. 34 was passed by the Senate, with | |
| 333 | - | amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | |
| 334 | - | 0. | |
| 335 | - | ______________________________ | |
| 336 | - | Secretary of the Senate | |
| 337 | - | APPROVED: __________________ | |
| 338 | - | Date | |
| 339 | - | __________________ | |
| 340 | - | Governor | |
| 330 | + | * * * * * |