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.
Spectrum: Partisan Bill (Democrat 1-0)
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. |