Bill Text: TX HB564 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the admissibility of certain evidence in capital cases in which the state seeks the death penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-04-29 - Left pending in committee [HB564 Detail]
Download: Texas-2015-HB564-Introduced.html
| 84R2843 MAW-D | ||
| By: Dutton | H.B. No. 564 | |
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| relating to the admissibility of certain evidence in capital cases | ||
| in which the state seeks the death penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.50 to read as follows: | ||
| Art. 38.50. EVIDENCE IN CERTAIN DEATH PENALTY CASES. (a) | ||
| This article applies only to a capital case in which the state seeks | ||
| the death penalty. | ||
| (b) Regardless of whether the testimony constitutes | ||
| sufficient corroboration under Article 38.14, testimony of an | ||
| informant or of an alleged accomplice of the defendant is not | ||
| admissible if the testimony is given in exchange for a grant or | ||
| promise by the attorney representing the state or by another of | ||
| immunity from prosecution, reduction of sentence, or any other form | ||
| of leniency or special treatment. | ||
| (c) A statement against interest made by the defendant to a | ||
| person who at the time of the alleged statement was in custody with | ||
| or imprisoned or confined with the defendant is admissible only if | ||
| the statement is corroborated by an electronic recording. | ||
| SECTION 2. Article 38.50, Code of Criminal Procedure, as | ||
| added by this Act, applies only to the admissibility of evidence in | ||
| a capital case in which the voir dire examination begins on or after | ||
| the effective date of this Act. A capital case in which the voir | ||
| dire examination begins before the effective date of this Act is | ||
| governed by the law in effect when the examination begins, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
