Texas 2021 - 87th Regular

Texas House Bill HB2631 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~By: Krause, Leach, Cason, Collier, H.B. No. 2631~~
2		-	~~Thompson of Harris~~, et al.
	1	+	87R5564 EAS-D
	2	+	By: Krause, Leach, Cason, Collier, et al. H.B. No. 2631
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		-	SECTION 1. This Act may be cited as the John Nolley Act.
11		-	SECTION 2. Chapter 38, Code of Criminal Procedure, is
	10	+	SECTION 1. Chapter 38, Code of Criminal Procedure, is
12	11		amended by adding Article 38.0751 to read as follows:
13	12		Art. 38.0751. TESTIMONY OF IN-CUSTODY INFORMANT
14	13		Sec. 1. DEFINITIONS. In this article:
15	14		(1) "Attorney representing the state" means a district
16	15		attorney, a criminal district attorney, or a county attorney with
17	16		criminal jurisdiction.
18		-	(2) "Benefit" means any of the following that are
19		-	offered to or requested by an in-custody informant in exchange for
20		-	testimony or that the informant could reasonably expect to receive
21		-	in exchange for testimony:
22		-	(A) a reduction in sentence;
23		-	(B) immunity from prosecution; or
24		-	(C) any other form of leniency or special
25		-	treatment.
	17	+	(2) "Benefit" means any express or implied grant,
	18	+	promise, or offer of a reduction in sentence, immunity from
	19	+	prosecution, or other form of leniency or special treatment, made
	20	+	or given to an in-custody informant in exchange for testimony.
26	21		(3) "Correctional facility" has the meaning assigned
27	22		by Section 1.07, Penal Code.
28	23		(4) "In-custody informant" means a person to whom a
29	24		defendant makes a statement against the defendant's interest while
30	25		the person is confined in the same correctional facility as the
31	26		defendant.
32	27		Sec. 2. APPLICABILITY. This article applies to a
33	28		proceeding in the prosecution of an offense under any of the
34	29		following provisions of the Penal Code:
35	30		(1) Section 19.02 (Murder);
36	31		(2) Section 19.03 (Capital Murder);
37	32		(3) Section 20.03 (Kidnapping);
38	33		(4) Section 20.04 (Aggravated Kidnapping);
39	34		(5) Section 21.02 (Continuous Sexual Abuse of Young
40	35		Child or Children);
41	36		(6) Section 21.11 (Indecency with a Child);
42	37		(7) Section 22.011 (Sexual Assault);
43	38		(8) Section 22.02 (Aggravated Assault);
44	39		(9) Section 22.021 (Aggravated Sexual Assault);
45	40		(10) Section 22.04 (Injury to a Child, Elderly
46	41		Individual, or Disabled Individual);
47	42		(11) Section 28.02 (Arson);
48	43		(12) Section 29.02 (Robbery);
49	44		(13) Section 29.03 (Aggravated Robbery); or
50	45		(14) Section 30.02 (Burglary).
51	46		Sec. 3. PRETRIAL ADMISSIBILITY HEARING. (a) The testimony
52	47		of an in-custody informant is not admissible against a defendant in
53	48		a criminal trial, whether offered in the guilt or innocence phase or
54	49		the punishment phase of the trial, unless:
55	50		(1) on or before the 21st day before the date the trial
56	51		begins, the attorney representing the state notifies the defendant
57	52		of the state's intention to offer the testimony; and
58	53		(2) in a hearing conducted outside the presence of the
59	54		jury, the judge finds by clear and convincing evidence that:
60	55		(A) any benefit offered to the informant was not
61	56		of a type that would unduly influence the informant's testimony;
62	57		(B) the informant could be found by a rational
63	58		juror to be reliable and credible; and
64	59		(C) the value of the testimony is not outweighed
65	60		by the danger of causing unfair prejudice to the defendant, causing
66	61		unnecessary complication of the issues for the jury, or misleading
67	62		the jury.
68	63		(b) The court shall consider the following factors at the
69	64		hearing:
70	65		(1) any benefit offered or provided to the in-custody
71	66		informant;
72	67		(2) the time, date, location, and substance of:
73	68		(A) any statement allegedly made by the defendant
74	69		to the informant; and
75	70		(B) any informant statement that was given to a
76	71		law enforcement agency, attorney representing the state, or other
77	72		state official that implicates the defendant in the offense
78	73		charged;
79	74		(3) whether the informant has at any time changed the
80	75		informant's statement or testimony regarding a statement allegedly
81	76		made by the defendant and, if so, the time, date, and location of
82	77		the change in the informant's statement or testimony and the
83	78		persons present at that time;
84	79		(4) the complete criminal history of the informant,
85	80		including any charges that were dismissed or reduced as part of a
86	81		plea bargain;
87	82		(5) previous prosecutions in which the informant
88	83		testified or offered to testify against a defendant with whom the
89	84		informant was confined in the same correctional facility, and any
90	85		benefits offered or provided to the informant;
91	86		(6) any information relevant to the credibility of the
92	87		informant and the credibility of the informant's statement;
93	88		(7) any information relevant to the informant's
94	89		character relating to truthfulness or untruthfulness; and
95	90		(8) expert testimony the court considers useful to
96	91		make the finding required by Subsection (a)(2), including testimony
97	92		regarding:
98	93		(A) the practices of the applicable law
99	94		enforcement agency or attorney representing the state regarding
100	95		in-custody informants;
101	96		(B) the use of in-custody informant testimony in
102	97		similar cases; or
103	98		(C) any risk factors associated with
104	99		characteristics particular to the informant or the case.
105	100		(c) The judge may not inform the jury of the judge's ruling
106	101		at the admissibility hearing.
107	102		(d) The defendant has the right to call the in-custody
108	103		informant as a witness at the admissibility hearing.
109	104		Sec. 4. REQUIREMENT TO PROVIDE INFORMATION AND RECORDS.
110	105		(a) The attorney representing the state shall provide to the
111	106		defendant and the defendant's attorney all information and records
112	107		that the state intends to offer at the admissibility hearing,
113	108		including the information described by Section 3(b).
114	109		(b) The attorney representing the state must provide the
115	110		information not later than the 10th day before the date the
116		-	admissibility hearing begins, unless an extension of time has been
117		-	granted under Section 5 of this article.
118		-	Sec. 5. CONTINUANCE. (a) The court shall, for sufficient
119		-	cause shown, extend the time by which the attorney representing the
120		-	state is required to provide notice under Section 3(a)(1) or
121		-	provide information under Section 4(b).
122		-	(b) The court shall, for sufficient cause shown, continue an
123		-	admissibility hearing under this article or continue the
124		-	defendant's trial in accordance with Article 29.03 if the defendant
125		-	or the attorney representing the state needs additional time to
126		-	prepare for the admissibility hearing.
127		-	(c) An extension of time under Subsection (a) constitutes
128		-	sufficient cause shown for continuing the admissibility hearing or
129		-	the trial as described by Subsection (b) if the continuance is
130		-	requested by the defendant.
131		-	Sec. 6. JURY INSTRUCTION. If testimony of an in-custody
	111	+	admissibility hearing begins, except for good cause shown.
	112	+	Sec. 5. JURY INSTRUCTION. If testimony of an in-custody
132	113		informant is admitted at trial, the court shall instruct the jury to
133	114		disregard the informant's testimony unless the jury determines
134	115		that:
135	116		(1) any benefit granted, promised, or offered to the
136	117		informant did not unduly influence the testimony; and
137	118		(2) the testimony is truthful.
138		-	SECTION 3. The change in law made by this Act applies to the
	119	+	SECTION 2. The change in law made by this Act applies to the
139	120		admissibility of evidence in a criminal proceeding that commences
140	121		on or after the effective date of this Act. The admissibility of
141	122		evidence in a criminal proceeding that commences before the
142	123		effective date of this Act is governed by the law in effect on the
143	124		date the proceeding commenced, and the former law is continued in
144	125		effect for that purpose.
145		-	SECTION 4. This Act takes effect September 1, 2021.
	126	+	SECTION 3. This Act takes effect September 1, 2021.