HBA-LJP H.B. 2753 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2753 By: Martinez Fischer Criminal Jurisprudence 4/8/2001 Introduced BACKGROUND AND PURPOSE Under current law, a criminal conviction or adjudication of a juvenile for delinquent conduct or conduct indicating a need for supervision cannot be based on the testimony of an accomplice unless corroborated by other evidence. However, federal law currently authorizes a jury to decide how much weight to grant the testimony of an accomplice and because federal law does not require additional corroborating evidence, cases may be treated differently in federal courts than in state courts. House Bill 2753 provides for a criminal conviction or adjudication of a juvenile for certain conduct based on the testimony of an accomplice, regardless of whether the testimony is corroborated or whether the accomplice has entered into a plea agreement. 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 2753 amends the Code of Criminal Procedure and the Family Code to remove provisions that prohibit a conviction based upon the testimony of an accomplice unless corroborated by other evidence. The bill authorizes a criminal conviction or adjudication of a juvenile for delinquent conduct or conduct indicating a need for supervision based on the testimony of an accomplice, regardless of whether the testimony is corroborated or whether the accomplice has entered into a plea agreement. The bill prohibits a conviction based on testimony of the accomplice if the finder of fact does not believe the testimony beyond a reasonable doubt. The bill provides that the fact that an accomplice as entered a plea of guilty is not, by itself, evidence of the defendant's guilt. The bill amends the Penal Code to remove provisions regarding the establishment of the knowledge or intent of a person with the testimony of an accomplice to prove the unlawful appropriation of property. The bill amends the Alcoholic Beverage Code to repeal the provision relating to a conviction for an alcohol related offense based on the testimony of an accomplice and other corroborating evidence. EFFECTIVE DATE September 1, 2001.