Relating to the use of in-custody informant testimony in a criminal trial.

89(R) HB 1418 - Introduced version - Bill Text

89R5840 EAS-D

By: Schatzline

H.B. No. 1418

A BILL TO BE ENTITLED

AN ACT

relating to the use of in-custody informant testimony in a criminal

trial.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the John Nolley Act.

SECTION 2. Chapter 38, Code of Criminal Procedure, is

amended by adding Article 38.0751 to read as follows:

Art. 38.0751. TESTIMONY OF IN-CUSTODY INFORMANT

Sec. 1. DEFINITIONS. In this article:

(1)

"Attorney representing the state" means a district

attorney, a criminal district attorney, or a county attorney with

criminal jurisdiction.

(2)

"Benefit" means any of the following that are

offered to or requested by an in-custody informant in exchange for

testimony or that the informant could reasonably expect to receive

in exchange for testimony:

(A) a reduction in sentence;

(B) immunity from prosecution; or

(C)

any other form of leniency or special

treatment.

(3)

"Correctional facility" has the meaning assigned

by Section 1.07, Penal Code.

(4)

"In-custody informant" means a person to whom a

defendant makes a statement against the defendant's interest while

the person is confined in the same correctional facility as the

defendant.

Sec.

2.

APPLICABILITY. This article applies to a

proceeding in the prosecution of an offense under any of the

following provisions of the Penal Code:

(1) Section 19.02 (Murder);

(2) Section 19.03 (Capital Murder);

(3) Section 20.03 (Kidnapping);

(4) Section 20.04 (Aggravated Kidnapping);

(5)

Section 21.02 (Continuous Sexual Abuse of Young

Child or Disabled Individual);

(6) Section 21.11 (Indecency with a Child);

(7) Section 22.011 (Sexual Assault);

(8) Section 22.02 (Aggravated Assault);

(9) Section 22.021 (Aggravated Sexual Assault);

(10)

Section 22.04 (Injury to a Child, Elderly

Individual, or Disabled Individual);

(11) Section 28.02 (Arson);

(12) Section 29.02 (Robbery);

(13) Section 29.03 (Aggravated Robbery); or

(14) Section 30.02 (Burglary).

Sec.

3.

PRETRIAL ADMISSIBILITY HEARING. (a)

The testimony

of an in-custody informant is not admissible against a defendant in

a criminal trial, whether offered in the guilt or innocence phase or

the punishment phase of the trial, unless:

(1)

on or before the 21st day before the date the trial

begins, the attorney representing the state notifies the defendant

of the state's intention to offer the testimony; and

(2)

in a hearing conducted outside the presence of the

jury, the judge finds by clear and convincing evidence that:

(A)

any benefit offered to the informant was not

of a type that would unduly influence the informant's testimony;

(B)

the informant could be found by a rational

juror to be reliable and credible; and

(C)

the value of the testimony is not outweighed

by the danger of causing unfair prejudice to the defendant, causing

unnecessary complication of the issues for the jury, or misleading

the jury.

(b)

The court shall consider the following factors at the

hearing:

(1)

any benefit offered or provided to the in-custody

informant;

(2) the time, date, location, and substance of:

(A)

any statement allegedly made by the defendant

to the informant; and

(B)

any informant statement that was given to a

law enforcement agency, attorney representing the state, or other

state official that implicates the defendant in the offense

charged;

(3)

whether the informant has at any time changed the

informant's statement or testimony regarding a statement allegedly

made by the defendant and, if so, the time, date, and location of

the change in the informant's statement or testimony and the

persons present at that time;

(4)

the complete criminal history of the informant,

including any charges that were dismissed or reduced as part of a

plea bargain;

(5)

previous prosecutions in which the informant

testified or offered to testify against a defendant with whom the

informant was confined in the same correctional facility, and any

benefits offered or provided to the informant;

(6)

any information relevant to the credibility of the

informant and the credibility of the informant's statement;

(7)

any information relevant to the informant's

character relating to truthfulness or untruthfulness; and

(8)

expert testimony the court considers useful to

make the finding required by Subsection (a)(2), including testimony

regarding:

(A)

the practices of the applicable law

enforcement agency or attorney representing the state regarding

in-custody informants;

(B)

the use of in-custody informant testimony in

similar cases; or

(C)

any risk factors associated with

characteristics particular to the informant or the case.

(c)

The judge may not inform the jury of the judge's ruling

at the admissibility hearing.

(d)

The defendant has the right to call the in-custody

informant as a witness at the admissibility hearing.

Sec.

4.

REQUIREMENT TO PROVIDE INFORMATION AND RECORDS.

(a) The attorney representing the state shall provide to the

defendant and the defendant's attorney all information and records

that the state intends to offer at the admissibility hearing,

including the information described by Section 3(b).

(b)

The attorney representing the state must provide the

information not later than the 10th day before the date the

admissibility hearing begins, unless an extension of time has been

granted under Section 5.

Sec.

5.

CONTINUANCE. (a) The court shall, for sufficient

cause shown, extend the time by which the attorney representing the

state is required to provide notice under Section 3(a)(1) or

provide information under Section 4(b).

(b)

The court shall, for sufficient cause shown, continue an

admissibility hearing under this article or continue the

defendant's trial in accordance with Article 29.03 if the defendant

or the attorney representing the state needs additional time to

prepare for the admissibility hearing.

(c)

An extension of time under Subsection (a) constitutes

sufficient cause shown for continuing the admissibility hearing or

the trial as described by Subsection (b) if the continuance is

requested by the defendant.

Sec.

6.

JURY INSTRUCTION. If testimony of an in-custody

informant is admitted at trial, the court shall instruct the jury to

disregard the informant's testimony unless the jury determines

that:

(1)

any benefit granted, promised, or offered to the

informant did not unduly influence the testimony; and

(2) the testimony is truthful.

SECTION 3. The change in law made by this Act applies to the

admissibility of evidence in a criminal proceeding that commences

on or after the effective date of this Act. The admissibility of

evidence in a criminal proceeding that commences before the

effective date of this Act is governed by the law in effect on the

date the proceeding commenced, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.