| 1 | 1 | | 88R1098 MCF-F |
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| 2 | 2 | | By: Thompson of Harris, Garcia, et al. H.B. No. 412 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring the corroboration of certain testimony in a |
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| 8 | 8 | | criminal case involving a controlled substance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 38.141, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY |
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| 13 | 13 | | RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE |
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| 14 | 14 | | OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be |
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| 15 | 15 | | convicted of an offense under Chapter 481, Health and Safety Code, |
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| 16 | 16 | | on the testimony of a person who is [not a licensed peace officer or |
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| 17 | 17 | | a special investigator but who is] acting covertly on behalf of a |
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| 18 | 18 | | law enforcement agency or under the color of law enforcement unless |
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| 19 | 19 | | the testimony is corroborated by other evidence tending to connect |
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| 20 | 20 | | the defendant with the offense committed. |
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| 21 | 21 | | (b) Corroboration is not sufficient for the purposes of this |
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| 22 | 22 | | article if the corroboration only shows the commission of the |
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| 23 | 23 | | offense. |
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| 24 | 24 | | [(c) In this article, "peace officer" means a person listed |
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| 25 | 25 | | in Article 2.12, and "special investigator" means a person listed |
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| 26 | 26 | | in Article 2.122.] |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies to any |
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| 28 | 28 | | case in which a judgment is entered on or after the effective date |
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| 29 | 29 | | of this Act. A case in which a judgment is entered before the |
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| 30 | 30 | | effective date of this Act is governed by the law in effect on the |
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| 31 | 31 | | date the judgment was entered, and the former law is continued in |
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| 32 | 32 | | effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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