Texas 2025 - 89th Regular

Texas House Bill HB1418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5840 EAS-D
2	2	By: Schatzline H.B. No. 1418
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of in-custody informant testimony in a criminal
10	10	trial.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the John Nolley Act.
13	13	SECTION 2. Chapter 38, Code of Criminal Procedure, is
14	14	amended by adding Article 38.0751 to read as follows:
15	15	Art. 38.0751. TESTIMONY OF IN-CUSTODY INFORMANT
16	16	Sec. 1. DEFINITIONS. In this article:
17	17	(1) "Attorney representing the state" means a district
18	18	attorney, a criminal district attorney, or a county attorney with
19	19	criminal jurisdiction.
20	20	(2) "Benefit" means any of the following that are
21	21	offered to or requested by an in-custody informant in exchange for
22	22	testimony or that the informant could reasonably expect to receive
23	23	in exchange for testimony:
24	24	(A) a reduction in sentence;
25	25	(B) immunity from prosecution; or
26	26	(C) any other form of leniency or special
27	27	treatment.
28	28	(3) "Correctional facility" has the meaning assigned
29	29	by Section 1.07, Penal Code.
30	30	(4) "In-custody informant" means a person to whom a
31	31	defendant makes a statement against the defendant's interest while
32	32	the person is confined in the same correctional facility as the
33	33	defendant.
34	34	Sec. 2. APPLICABILITY. This article applies to a
35	35	proceeding in the prosecution of an offense under any of the
36	36	following provisions of the Penal Code:
37	37	(1) Section 19.02 (Murder);
38	38	(2) Section 19.03 (Capital Murder);
39	39	(3) Section 20.03 (Kidnapping);
40	40	(4) Section 20.04 (Aggravated Kidnapping);
41	41	(5) Section 21.02 (Continuous Sexual Abuse of Young
42	42	Child or Disabled Individual);
43	43	(6) Section 21.11 (Indecency with a Child);
44	44	(7) Section 22.011 (Sexual Assault);
45	45	(8) Section 22.02 (Aggravated Assault);
46	46	(9) Section 22.021 (Aggravated Sexual Assault);
47	47	(10) Section 22.04 (Injury to a Child, Elderly
48	48	Individual, or Disabled Individual);
49	49	(11) Section 28.02 (Arson);
50	50	(12) Section 29.02 (Robbery);
51	51	(13) Section 29.03 (Aggravated Robbery); or
52	52	(14) Section 30.02 (Burglary).
53	53	Sec. 3. PRETRIAL ADMISSIBILITY HEARING. (a) The testimony
54	54	of an in-custody informant is not admissible against a defendant in
55	55	a criminal trial, whether offered in the guilt or innocence phase or
56	56	the punishment phase of the trial, unless:
57	57	(1) on or before the 21st day before the date the trial
58	58	begins, the attorney representing the state notifies the defendant
59	59	of the state's intention to offer the testimony; and
60	60	(2) in a hearing conducted outside the presence of the
61	61	jury, the judge finds by clear and convincing evidence that:
62	62	(A) any benefit offered to the informant was not
63	63	of a type that would unduly influence the informant's testimony;
64	64	(B) the informant could be found by a rational
65	65	juror to be reliable and credible; and
66	66	(C) the value of the testimony is not outweighed
67	67	by the danger of causing unfair prejudice to the defendant, causing
68	68	unnecessary complication of the issues for the jury, or misleading
69	69	the jury.
70	70	(b) The court shall consider the following factors at the
71	71	hearing:
72	72	(1) any benefit offered or provided to the in-custody
73	73	informant;
74	74	(2) the time, date, location, and substance of:
75	75	(A) any statement allegedly made by the defendant
76	76	to the informant; and
77	77	(B) any informant statement that was given to a
78	78	law enforcement agency, attorney representing the state, or other
79	79	state official that implicates the defendant in the offense
80	80	charged;
81	81	(3) whether the informant has at any time changed the
82	82	informant's statement or testimony regarding a statement allegedly
83	83	made by the defendant and, if so, the time, date, and location of
84	84	the change in the informant's statement or testimony and the
85	85	persons present at that time;
86	86	(4) the complete criminal history of the informant,
87	87	including any charges that were dismissed or reduced as part of a
88	88	plea bargain;
89	89	(5) previous prosecutions in which the informant
90	90	testified or offered to testify against a defendant with whom the
91	91	informant was confined in the same correctional facility, and any
92	92	benefits offered or provided to the informant;
93	93	(6) any information relevant to the credibility of the
94	94	informant and the credibility of the informant's statement;
95	95	(7) any information relevant to the informant's
96	96	character relating to truthfulness or untruthfulness; and
97	97	(8) expert testimony the court considers useful to
98	98	make the finding required by Subsection (a)(2), including testimony
99	99	regarding:
100	100	(A) the practices of the applicable law
101	101	enforcement agency or attorney representing the state regarding
102	102	in-custody informants;
103	103	(B) the use of in-custody informant testimony in
104	104	similar cases; or
105	105	(C) any risk factors associated with
106	106	characteristics particular to the informant or the case.
107	107	(c) The judge may not inform the jury of the judge's ruling
108	108	at the admissibility hearing.
109	109	(d) The defendant has the right to call the in-custody
110	110	informant as a witness at the admissibility hearing.
111	111	Sec. 4. REQUIREMENT TO PROVIDE INFORMATION AND RECORDS.
112	112	(a) The attorney representing the state shall provide to the
113	113	defendant and the defendant's attorney all information and records
114	114	that the state intends to offer at the admissibility hearing,
115	115	including the information described by Section 3(b).
116	116	(b) The attorney representing the state must provide the
117	117	information not later than the 10th day before the date the
118	118	admissibility hearing begins, unless an extension of time has been
119	119	granted under Section 5.
120	120	Sec. 5. CONTINUANCE. (a) The court shall, for sufficient
121	121	cause shown, extend the time by which the attorney representing the
122	122	state is required to provide notice under Section 3(a)(1) or
123	123	provide information under Section 4(b).
124	124	(b) The court shall, for sufficient cause shown, continue an
125	125	admissibility hearing under this article or continue the
126	126	defendant's trial in accordance with Article 29.03 if the defendant
127	127	or the attorney representing the state needs additional time to
128	128	prepare for the admissibility hearing.
129	129	(c) An extension of time under Subsection (a) constitutes
130	130	sufficient cause shown for continuing the admissibility hearing or
131	131	the trial as described by Subsection (b) if the continuance is
132	132	requested by the defendant.
133	133	Sec. 6. JURY INSTRUCTION. If testimony of an in-custody
134	134	informant is admitted at trial, the court shall instruct the jury to
135	135	disregard the informant's testimony unless the jury determines
136	136	that:
137	137	(1) any benefit granted, promised, or offered to the
138	138	informant did not unduly influence the testimony; and
139	139	(2) the testimony is truthful.
140	140	SECTION 3. The change in law made by this Act applies to the
141	141	admissibility of evidence in a criminal proceeding that commences
142	142	on or after the effective date of this Act. The admissibility of
143	143	evidence in a criminal proceeding that commences before the
144	144	effective date of this Act is governed by the law in effect on the
145	145	date the proceeding commenced, and the former law is continued in
146	146	effect for that purpose.
147	147	SECTION 4. This Act takes effect September 1, 2025.