HBA-JLV H.B. 3442 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3442
By: Gallego
Criminal Jurisprudence
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a conviction cannot be had based upon the
testimony of an accomplice unless corroborated by other evidence tending to
connect the defendant with the offense committed.  Texas is only one of
many states that requires corroboration of accomplice testimony in criminal
offenses.  There are concerns that the accomplice witness rule has resulted
in many cases being reversed and defendants acquitted because the
corroboration was found insufficient.  House Bill 3442 repeals current law
prohibiting conviction of a defendant based upon the testimony of an
accomplice. 

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 3442 amends the Code of Criminal Procedure to repeal the
provision prohibiting a conviction upon the testimony of an accomplice
unless corroborated by other evidence tending to connect the defendant with
the offense committed and providing that the corroboration is not
sufficient if it merely shows the commission of the offense. 

EFFECTIVE DATE

September 1, 2001.