78S30622 KCR-D

By:  Bonnen                                                       H.B. No. 71 



A BILL TO BE ENTITLED

AN ACT

relating to evidence examined or tested by crime laboratories and 
similar entities and the regulation of those entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 38.35, Code of Criminal Procedure, as 
amended by Chapter 698, Acts of the 78th Legislature, Regular 
Session, 2003, is amended by adding Subsection (f) to read as 
follows:
	(f)  Subsections (d) and (e) do not apply to:                           
		(1)  physical evidence subjected to a forensic analysis 
by:          
			(A)  a medical examiner operating under 
Subchapter B, Chapter 49; or
			(B)  a pathologist, physician, or other expert 
consulted or retained by a person performing duties under Chapter 
49; or
		(2)  testimony regarding evidence described by 
Subdivision (1).      
	SECTION 2.  Section 411.0205, Government Code, as added by 
Chapter 698, Acts of the 78th Legislature, Regular Session, 2003, 
is amended by adding Subsection (b-1) and amending Subsection (c) 
to read as follows:
	(b-1)  The director by rule shall exempt the following 
persons from the accreditation process established under 
Subsection (b):
		(1)  a medical examiner operating under Subchapter B, 
Chapter 49, Code of Criminal Procedure; and
		(2)  a pathologist, physician, or other expert 
consulted or retained by a person performing duties under Chapter 
49, Code of Criminal Procedure.
	(c)  The director by rule may exempt from the accreditation 
process established under Subsection (b) a crime laboratory or 
other entity conducting a forensic analysis of physical evidence 
for use in criminal proceedings if the director determines that:
		(1)  independent accreditation is unavailable or 
inappropriate for the laboratory or entity or the type of 
examination or test performed by the laboratory or entity;
		(2)  the type of examination or test performed by the 
laboratory or entity is admissible under a well-established rule of 
evidence or a statute other than Article 38.35, Code of Criminal 
Procedure; [and]
		(3)  the type of examination or test performed by the 
laboratory or entity is routinely conducted outside of a crime 
laboratory or other applicable entity by a person other than an 
employee of the crime laboratory or other applicable entity;
		(4)  the laboratory or entity is independently 
accredited or certified by a national organization that regularly 
accredits or certifies competency to practice in the science or 
discipline associated with the type of examination or test 
performed by the laboratory or entity; or
		(5)  the laboratory or entity has a historical record 
of accuracy with respect to the type of examination or test 
performed by the laboratory or entity.
	SECTION 3.  The public safety director of the Department of 
Public Safety of the State of Texas shall adopt rules under Section 
411.0205, Government Code, as amended by this Act, not later than 
the 61st day after the effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution, and 
applies to evidence tested after December 15, 2003. If this Act does 
not receive the vote necessary for immediate effect, this Act takes 
effect January 15, 2004, and applies to evidence tested after that 
date.