SRC-LBB S.B. 1129 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1129
78R6351 EMT-FBy: Bivins
Criminal Justice
4/7/2003
As Filed


DIGEST 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.  As proposed, S.B.
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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Code of Criminal Procedure, by adding
Articles 38.41 and 38.42, as follows: 

Art. 38.41.  CERTIFICATE OF ANALYSIS

Sec. 1.  Provides that a certificate of analysis that complies with this
article 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. 

Sec. 2.  Provides that this article does not limit the right of a party to
summon a witness or to introduce admissible evidence relevant to the
results of the analysis. 

Sec. 3.  Requires a certificate of analysis under this article to contain
certain information certified under oath. 
 
Sec. 4.  Requires an affidavit to be filed with the clerk of the court and
a copy to be provided by fax, hand delivery, or certified mail, return
receipt requested, to the opposing party, not later than the 10th day
before the trial begins in a proceeding in which a certificate of analysis
under this article is to be introduced. 

Sec. 5.  Provides that a certificate of analysis is sufficient for
purposes of this article if it uses a certain form or if it otherwise
substantially complies with this article. 

Art. 38.42.  CHAIN OF CUSTODY AFFIDAVIT

Sec. 1.  Provides that a chain of custody affidavit that complies with
this article 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. 

 Sec. 2.  Provides that this article does not limit the right of a party
to summon a witness or to introduce admissible evidence relevant to the
chain of custody. 

Sec. 3.  Requires a chain of custody affidavit under this article to
contain certain information stated under oath. 

 Sec. 4.  Requires an affidavit to be filed with the clerk of the court
and a copy to be provided by fax, hand delivery, or certified mail, return
receipt requested, to the opposing party, not later than the 10th day
before the trial begins in a proceeding in which a chain of custody
affidavit under this article is to be introduced. 

Sec. 5.  Provides that a chain of custody affidavit is sufficient for
purposes of this article if it uses a certain form or if it otherwise
substantially complies with this article. 

SECTION 2.  Effective date:  September 1, 2003.