1-1 AN ACT
1-2 relating to requiring the corroboration of certain testimony in a
1-3 criminal case involving controlled substances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Code of Criminal Procedure, is
1-6 amended by adding Article 38.141 to read as follows:
1-7 Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR
1-8 SPECIAL INVESTIGATOR. (a) A defendant may not be convicted of an
1-9 offense under Chapter 481, Health and Safety Code, on the testimony
1-10 of a person who is not a licensed peace officer or a special
1-11 investigator but who is acting covertly on behalf of a law
1-12 enforcement agency or under the color of law enforcement unless the
1-13 testimony is corroborated by other evidence tending to connect the
1-14 defendant with the offense committed.
1-15 (b) Corroboration is not sufficient for the purposes of this
1-16 article if the corroboration only shows the commission of the
1-17 offense.
1-18 (c) In this article, "peace officer" means a person listed
1-19 in Article 2.12, and "special investigator" means a person listed
1-20 in Article 2.122.
1-21 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2351 was passed by the House on May
10, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2351 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2351 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor