HB1418 - Relating to the use of in-custody informant testimony in a criminal trial.

  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.