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TX HB1418

Bill

Status

Introduced

11/20/2024

Primary Sponsor

Nate Schatzline

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Establishes the "John Nolley Act" requiring a pretrial admissibility hearing before in-custody informant (jailhouse informant) testimony can be used against defendants in serious criminal trials including murder, capital murder, kidnapping, sexual assault, robbery, arson, and burglary cases

  • Requires prosecutors to notify defendants at least 21 days before trial of intent to use informant testimony, and provide all related information and records at least 10 days before the admissibility hearing

  • Mandates judges find by clear and convincing evidence that: any benefits offered to the informant would not unduly influence testimony, a rational juror could find the informant reliable and credible, and the testimony's value is not outweighed by potential unfair prejudice

  • Requires courts to consider multiple factors at the hearing including benefits offered to the informant, the informant's complete criminal history, prior instances of the informant testifying against other inmates, and any changes to the informant's statements

  • Requires jury instruction that informant testimony must be disregarded unless jurors determine benefits did not unduly influence the testimony and the testimony is truthful; applies to proceedings commencing on or after September 1, 2025

Legislative Description

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

Criminal Procedure

Last Action

Reported favorably w/o amendment(s)

5/6/2025

Committee Referrals

Criminal Jurisprudence3/11/2025

Full Bill Text

No bill text available