Bill > HB1418

This bill, named the John Nolley Act, establishes new rules for the use of in-custody informant testimony in criminal trials for specific serious offenses like murder, sexual assault, kidnapping, and robbery. The bill requires that before such testimony can be admitted, the prosecution must provide notice to the defendant at least 21 days before trial and undergo a pretrial admissibility hearing where a judge must determine, by clear and convincing evidence, that the informant's testimony is reliable and not unduly influenced by benefits. During this hearing, the judge will consider factors such as benefits offered to the informant, the substance of statements, the informant's criminal history, previous testimony in other cases, and their overall credibility. If the testimony is admitted, the court must instruct the jury to disregard the informant's testimony unless they determine the testimony was not unduly influenced and is truthful. The prosecution must provide all relevant information about the informant to the defense at least 10 days before the hearing, and the court can grant continuances if additional preparation time is needed. The new law will apply to criminal proceedings commencing on or after September 1, 2025, and is designed to reduce the risk of false or misleading testimony from in-custody informants.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1418