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.