88R1098 MCF-F
By: Thompson of Harris, Garcia, et al. H.B. No. 412
A BILL TO BE ENTITLED
AN ACT
relating to requiring the corroboration of certain testimony in a
criminal case involving a controlled substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.141, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be
convicted of an offense under Chapter 481, Health and Safety Code,
on the testimony of a person who is [not a licensed peace officer or
a special investigator but who is] acting covertly on behalf of a
law enforcement agency or under the color of law enforcement unless
the testimony is corroborated by other evidence tending to connect
the defendant with the offense committed.
(b) Corroboration is not sufficient for the purposes of this
article if the corroboration only shows the commission of the
offense.
[(c) In this article, "peace officer" means a person listed
in Article 2.12, and "special investigator" means a person listed
in Article 2.122.]
SECTION 2. The change in law made by this Act applies to any
case in which a judgment is entered on or after the effective date
of this Act. A case in which a judgment is entered before the
effective date of this Act is governed by the law in effect on the
date the judgment was entered, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.