Civilian informants already needed backup evidence. Now officers do too.
The bill widens the rule that testimony from covert informants in drug cases must be backed up by other evidence before a conviction. It now covers licensed peace officers and special investigators working undercover, not just civilian informants. Starting September 1, 2025, a person cannot be convicted of a drug offense based only on an undercover officer's testimony unless other evidence ties the defendant to the offense.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 412 (Did not pass) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 412 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to requiring the corroboration of certain testimony in a
criminal case involving a controlled substance.
WHAT IT DOES
Civilian informants already needed backup evidence. Now officers do too.
The bill widens the rule that testimony from covert informants in drug cases must be backed up by other evidence before a conviction. It now covers licensed peace officers and special investigators working undercover, not just civilian informants. Starting September 1, 2025, a person cannot be convicted of a drug offense based only on an undercover officer's testimony unless other evidence ties the defendant to the offense.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Drugs
Criminal Procedure--General
Text
The text as introduced · 273 words
89R1392 MCF-F
By: Thompson
H.B. No. 870
A BILL TO BE ENTITLED
AN ACT
relating to requiring the corroboration of certain testimony in a
criminal case involving a controlled substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.141, Code of Criminal Procedure, is
amended to read as follows:
Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [ OF UNDERCOVER PEACE
OFFICER OR SPECIAL INVESTIGATOR ]. (a) A defendant may not be
convicted of an offense under Chapter 481, Health and Safety Code,
on the testimony of a person who is [ not a licensed peace officer or
a special investigator but who is ] acting covertly on behalf of a
law enforcement agency or under the color of law enforcement unless
the testimony is corroborated by other evidence tending to connect
the defendant with the offense committed.
(b) Corroboration is not sufficient for the purposes of this
article if the corroboration only shows the commission of the
offense.
[ (c) In this article, "peace officer" means a person listed
in Article 2A.001, and "special investigator" means a person listed
in Article 2A.002. ]
SECTION 2. The change in law made by this Act applies to any
case in which a judgment is entered on or after the effective date
of this Act. A case in which a judgment is entered before the
effective date of this Act is governed by the law in effect on the
date the judgment was entered, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.