HBA-AMW H.B. 2351 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2351
By: Hinojosa
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

A 1999 drug bust in Tulia, Texas led to the arrest of about 10 percent of
the town's African-American residents based on the testimony of one
undercover officer.  Since the bust, concerns have been raised regarding
the undercover investigation and the handling of the case.  The charges
against one of the defendants arrested in the drug bust have been dismissed
and the undercover officer is under investigation by the United States
Department of Justice.  Current law does not require the testimony of an
undercover officer used to convict a defendant to be corroborated by other
evidence.  House Bill 2351 provides that a conviction cannot be had upon
the testimony of an undercover officer unless there is appropriate
corroborating evidence. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2351 amends the Code of Criminal Procedure to provide that a
conviction cannot be had upon the testimony of an undercover law
enforcement officer unless corroborated by other evidence tending to
connect the defendant with each element of the offense committed and that
the corroboration is not sufficient if it merely shows the commission of
the offense. 

EFFECTIVE DATE

September 1, 2001.