Texas 2023 - 88th Regular

Texas House Bill HB3183 Compare Versions

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Version 2 (New)

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1	1	88R13169 EAS-D
2	2	By: Schatzline, Moody, Cook, Leach, Bowers, H.B. No. 3183
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the use of in-custody informant testimony in a criminal
9	9	trial.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the John Nolley Act.
12	12	SECTION 2. Chapter 38, Code of Criminal Procedure, is
13	13	amended by adding Article 38.0751 to read as follows:
14	14	Art. 38.0751. TESTIMONY OF IN-CUSTODY INFORMANT
15	15	Sec. 1. DEFINITIONS. In this article:
16	16	(1) "Attorney representing the state" means a district
17	17	attorney, a criminal district attorney, or a county attorney with
18	18	criminal jurisdiction.
19	19	(2) "Benefit" means any of the following that are
20	20	offered to or requested by an in-custody informant in exchange for
21	21	testimony or that the informant could reasonably expect to receive
22	22	in exchange for testimony:
23	23	(A) a reduction in sentence;
24	24	(B) immunity from prosecution; or
25	25	(C) any other form of leniency or special
26	26	treatment.
27	27	(3) "Correctional facility" has the meaning assigned
28	28	by Section 1.07, Penal Code.
29	29	(4) "In-custody informant" means a person to whom a
30	30	defendant makes a statement against the defendant's interest while
31	31	the person is confined in the same correctional facility as the
32	32	defendant.
33	33	Sec. 2. APPLICABILITY. This article applies to a
34	34	proceeding in the prosecution of an offense under any of the
35	35	following provisions of the Penal Code:
36	36	(1) Section 19.02 (Murder);
37	37	(2) Section 19.03 (Capital Murder);
38	38	(3) Section 20.03 (Kidnapping);
39	39	(4) Section 20.04 (Aggravated Kidnapping);
40	40	(5) Section 21.02 (Continuous Sexual Abuse of Young
41	41	Child or Disabled Individual);
42	42	(6) Section 21.11 (Indecency with a Child);
43	43	(7) Section 22.011 (Sexual Assault);
44	44	(8) Section 22.02 (Aggravated Assault);
45	45	(9) Section 22.021 (Aggravated Sexual Assault);
46	46	(10) Section 22.04 (Injury to a Child, Elderly
47	47	Individual, or Disabled Individual);
48	48	(11) Section 28.02 (Arson);
49	49	(12) Section 29.02 (Robbery);
50	50	(13) Section 29.03 (Aggravated Robbery); or
51	51	(14) Section 30.02 (Burglary).
52	52	Sec. 3. PRETRIAL ADMISSIBILITY HEARING. (a) The testimony
53	53	of an in-custody informant is not admissible against a defendant in
54	54	a criminal trial, whether offered in the guilt or innocence phase or
55	55	the punishment phase of the trial, unless:
56	56	(1) on or before the 21st day before the date the trial
57	57	begins, the attorney representing the state notifies the defendant
58	58	of the state's intention to offer the testimony; and
59	59	(2) in a hearing conducted outside the presence of the
60	60	jury, the judge finds by clear and convincing evidence that:
61	61	(A) any benefit offered to the informant was not
62	62	of a type that would unduly influence the informant's testimony;
63	63	(B) the informant could be found by a rational
64	64	juror to be reliable and credible; and
65	65	(C) the value of the testimony is not outweighed
66	66	by the danger of causing unfair prejudice to the defendant, causing
67	67	unnecessary complication of the issues for the jury, or misleading
68	68	the jury.
69	69	(b) The court shall consider the following factors at the
70	70	hearing:
71	71	(1) any benefit offered or provided to the in-custody
72	72	informant;
73	73	(2) the time, date, location, and substance of:
74	74	(A) any statement allegedly made by the defendant
75	75	to the informant; and
76	76	(B) any informant statement that was given to a
77	77	law enforcement agency, attorney representing the state, or other
78	78	state official that implicates the defendant in the offense
79	79	charged;
80	80	(3) whether the informant has at any time changed the
81	81	informant's statement or testimony regarding a statement allegedly
82	82	made by the defendant and, if so, the time, date, and location of
83	83	the change in the informant's statement or testimony and the
84	84	persons present at that time;
85	85	(4) the complete criminal history of the informant,
86	86	including any charges that were dismissed or reduced as part of a
87	87	plea bargain;
88	88	(5) previous prosecutions in which the informant
89	89	testified or offered to testify against a defendant with whom the
90	90	informant was confined in the same correctional facility, and any
91	91	benefits offered or provided to the informant;
92	92	(6) any information relevant to the credibility of the
93	93	informant and the credibility of the informant's statement;
94	94	(7) any information relevant to the informant's
95	95	character relating to truthfulness or untruthfulness; and
96	96	(8) expert testimony the court considers useful to
97	97	make the finding required by Subsection (a)(2), including testimony
98	98	regarding:
99	99	(A) the practices of the applicable law
100	100	enforcement agency or attorney representing the state regarding
101	101	in-custody informants;
102	102	(B) the use of in-custody informant testimony in
103	103	similar cases; or
104	104	(C) any risk factors associated with
105	105	characteristics particular to the informant or the case.
106	106	(c) The judge may not inform the jury of the judge's ruling
107	107	at the admissibility hearing.
108	108	(d) The defendant has the right to call the in-custody
109	109	informant as a witness at the admissibility hearing.
110	110	Sec. 4. REQUIREMENT TO PROVIDE INFORMATION AND RECORDS.
111	111	(a) The attorney representing the state shall provide to the
112	112	defendant and the defendant's attorney all information and records
113	113	that the state intends to offer at the admissibility hearing,
114	114	including the information described by Section 3(b).
115	115	(b) The attorney representing the state must provide the
116	116	information not later than the 10th day before the date the
117	117	admissibility hearing begins, unless an extension of time has been
118	118	granted under Section 5 of this article.
119	119	Sec. 5. CONTINUANCE. (a) The court shall, for sufficient
120	120	cause shown, extend the time by which the attorney representing the
121	121	state is required to provide notice under Section 3(a)(1) or
122	122	provide information under Section 4(b).
123	123	(b) The court shall, for sufficient cause shown, continue an
124	124	admissibility hearing under this article or continue the
125	125	defendant's trial in accordance with Article 29.03 if the defendant
126	126	or the attorney representing the state needs additional time to
127	127	prepare for the admissibility hearing.
128	128	(c) An extension of time under Subsection (a) constitutes
129	129	sufficient cause shown for continuing the admissibility hearing or
130	130	the trial as described by Subsection (b) if the continuance is
131	131	requested by the defendant.
132	132	Sec. 6. JURY INSTRUCTION. If testimony of an in-custody
133	133	informant is admitted at trial, the court shall instruct the jury to
134	134	disregard the informant's testimony unless the jury determines
135	135	that:
136	136	(1) any benefit granted, promised, or offered to the
137	137	informant did not unduly influence the testimony; and
138	138	(2) the testimony is truthful.
139	139	SECTION 3. The change in law made by this Act applies to the
140	140	admissibility of evidence in a criminal proceeding that commences
141	141	on or after the effective date of this Act. The admissibility of
142	142	evidence in a criminal proceeding that commences before the
143	143	effective date of this Act is governed by the law in effect on the
144	144	date the proceeding commenced, and the former law is continued in
145	145	effect for that purpose.
146	146	SECTION 4. This Act takes effect September 1, 2023.