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Tex. Code Crim. Proc. art. 38.141

TESTIMONY OF UNDERCOVER PEACE OFFICER OR SPECIAL INVESTIGATOR

Applied in 7 court decisions — leading case Malone v. State (2008)

Most recently applied in Frank Norman Smith v. State (November 2012)

Added by Acts 2001, 77th Leg., ch. 1102, Sec. 1, eff

How often courts cite this section

20022010201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.