Lead Investigator in the Courtroom

TMPA believes the lead investigator should have authorization to stay in the courtroom during trial (as is permitted in 38 states and the Federal Judicial System) this would greatly improve prosecutions.

Thank you to State Representative Allen Fletcher for filing HB 96 and Senator Joan Huffman for filing SB 1011.

**House Bill 96 was referred to House Committee on Criminal Jurisprudence on February 9th.

**House Bill 96 was presented to the Committee on February 22nd.

**House Bill 96 remains pending in the House Committee on Criminal Jurisprudence as of March 14th.

**House Bill 96 voted favorably from Committee as substituted on April 14th.

**House Bill 96 reported as substituted from Committee on April 19th.

**House Bill 96 set on House Calendar for May 12th.

**House Bill 96 laid out for consideration in House on May 12th at 11:06 pm.

**House Bill 96 passed to third reading on May 12th.

**House Bill 96 passed (Vote Y:138/N: 0) on May 13th.

**House Bill 96 received in the Senate, not referred on May 16th.

**Senate Bill 1011 was filed on March 1st.

**Senate Bill 1011 was introduced and referred to Senate Committee on Jurisprudence on March 16th.

**Senate Bill 1011 hearing has been scheduled for May 17th at 1:30pm or upon adjournment in room 2E.20 before the Senate Committee of Jurisprudence.

Please contact members of the Senate Committee on Jurisprudence TODAY expressing your support for Senate Bill 1011!!!

Members Phone

Chairman Chris Harris (512) 463-0109

Vice Chair Jose R. Rodriguez (512) 463-0129

Senator John J. Carona (512) 463-0116

Senator Robert Duncan (512) 463-0128

Senator Mario Gallegos, Jr. (512) 463-0106

Senator Joan Huffman (512) 463-0117

Senator Carlos Uresti (512) 463-0119

This bill would allow the lead investigator to stay in the courtroom during trial.

Rule 614, Texas Rules of Evidence, currently prevents law enforcement officers testifying at a criminal trial from assisting a prosecutor at the counsel table during the trial, which places the prosecutor at a disadvantage. Defense counsel always have their client seated with them at the counsel table to consult with during trial. Texas is in the minority among United States jurisdictions regarding this rule.

Specifically, 37 states, the federal courts, and the Uniform Rules of Evidence allow a law enforcement officer testifying at trial to stay in the courtroom and assist the prosecution during a criminal trial.

Furthermore, the adoption of an exception to Rule 614 for law enforcement officers could increase cooperation between law enforcement officers and prosecutors. As proposed, House Bill 96 amends Article 36.03 (Invocation of Rule), Code of Criminal Procedure, to authorize a prosecuting attorney to designate one person who is an officer or employee of a party who is not a natural person to serve as the state's courtroom representative during a criminal procedure.