S.B. 1129 78(R)    BILL ANALYSIS


S.B. 1129
By: Bivins
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the results of a private forensic laboratory analysis may be
admissible in evidence as a business record or as a public record when the
chemist who performed the analysis is unavailable to testify.  However,
these exceptions are not available for a forensic analysis conducted in a
criminal case by a laboratory affiliated with law enforcement, including
the Texas Department of Public Safety crime laboratory. Senate Bill 1129
amends the Code of Criminal Procedure to allow admission of a certificate
of analysis and a chain of custody affidavit without requiring those
individuals to appear in court. The right of a party to summon a witness
or to introduce admissible evidence relevant to the results of the
analysis is not limited. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 1129 amends the Code of Criminal Procedure to provide that a
certificate of analysis that complies with this Act is admissible in
evidence on behalf of the state or the defendant to establish the results
of a laboratory analysis of physical evidence conducted by or for a law
enforcement agency without the necessity of the analyst personally
appearing in court. The bill does not limit the right of a party to summon
a witness or to introduce admissible evidence relevant to the results of
the analysis. The bill specifies the information to be included in the
certificate and specifies deadlines for the filing of the certificate as
well as procedures for objecting to the use of the certificate. 

The bill provides that a chain of custody affidavit that complies with
this Act is admissible in evidence on behalf of the state or the defendant
to establish the chain of custody of physical evidence without the
necessity of any person in the chain of custody personally appearing in
court. The bill does not limit the right of a party to summon a witness or
to introduce admissible evidence relevant to the chain of custody. The
bill specifies the information to be included in the affidavit and
specifies deadlines for the filing of the affidavit as well as procedures
for objecting to the use of the affidavit. 

EFFECTIVE DATE

September 1, 2003.