BILL NUMBER: SB 1589	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 15, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008

INTRODUCED BY   Senator Romero

                        FEBRUARY 22, 2008

   An act to add Section 1111.5 to the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1589, Romero. Criminal procedure: informants.
   Existing law generally regulates the admissibility and use of
evidence.
   This bill would provide that a court may not convict a defendant,
find a special circumstance true, or use a fact in aggravation based
on the uncorroborated testimony of an in-custody informant.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1111.5 is added to the Penal Code, to read:
   1111.5.  (a) A jury or judge may not convict a defendant, find a
special circumstance true, or use a fact in aggravation based on the
uncorroborated testimony of an in-custody informant. The testimony of
an in-custody informant shall be corroborated by other evidence that
connects the defendant with the commission of the offense, the
special circumstance, or the evidence offered in aggravation to which
the in-custody informant testifies. Corroboration is not sufficient
if it merely shows the commission of the offense or the special
circumstance or the circumstance in aggravation. Corroboration of an
in-custody informant shall not be provided by the testimony of
another in-custody informant unless the party calling the in-custody
informant as a witness establishes by a preponderance of the evidence
that the in-custody informant has not communicated with another
in-custody informant on the subject of the testimony.
   (b) As used in this section, "in-custody informant" means a
person, other than a codefendant, percipient witness, accomplice, or
coconspirator, whose testimony is based on statements allegedly made
by the defendant while both the defendant and the informant were held
in within a city or county jail, state penal institution, or
correctional institution. Nothing in this section limits or changes
the requirements for corroboration of accomplice testimony pursuant
to Section 1111.