An Important First Step Towards Eliminating “Snitch” Testimony

Texas, of all places and states, passes this law requiring that SNITCH testimony be corroborated before prosecutor’s can use it at trial.  This is an important first step in eliminating convictions based on SNITCH testimony.

Art. 38.075.  Corroboration of Certain Testimony Required 

   (a) A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time when the person was imprisoned or confined in the same correctional facility as the defendant unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed. In this subsection, “correctional facility” has the meaning assigned by Section 1.07, Penal Code.

(b) Corroboration is not sufficient for the purposes of this article if the corroboration only shows that the offense was committed.

History:
 Enacted by Acts 2009, 81st Leg., ch. 1422 (S.B. 1681), § 1, effective September 1, 2009.

The Penal code section reads: 
 
(14) “Correctional facility” means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
      (A) a municipal or county jail;
      (B) a confinement facility operated by the Texas Department of Criminal Justice;
      (C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
      (D) a community corrections facility operated by a community supervision and corrections department.

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