Amend CSHB 2703 as follows:
(1) On page 1, line 2, strike "and" and substitute "or".
(2) On page 1, line 11, strike "and" and substitute "or
[and]".
(3) On page 1, at the end of line 14, add the following:
"The term does not include:
(A) latent print examination;
(B) a test of a specimen of breath under Chapter 724,
Transportation Code; or
(C) an examination or test excluded by rule under
Section 411.0205(c), Government Code."
(4) On page 2, line 1, strike "admissible" and substitute
"not inadmissible".
(5) On page 2, line 2, strike "regardless of" and substitute
"based solely on".
(6) On page 2, lines 9 and 10, strike "September 1, 2005" and
substitute "January 1, 2004".
(7) On page 2, lines 11 through 20, strike SECTION 4 and
substitute the following:
SECTION 4. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0205 to read as follows:
Sec. 411.0205. CRIME LABORATORY ACCREDITATION PROCESS. (a)
In this section, "forensic analysis" and "physical evidence" have
the meanings assigned by Article 38.35, Code of Criminal Procedure,
and "DNA laboratory" has the meaning assigned by Section 411.141.
(b) The director by rule shall establish an accreditation
process for crime laboratories, including DNA laboratories, and
other entities conducting forensic analyses of physical evidence
for use in criminal proceedings.
(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.