78R6351 EMT-F
By: Riddle H.B. No. 1874
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility in a criminal proceeding of certain
laboratory analyses of physical evidence or statements as to the
chain of custody of physical evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Articles 38.41 and 38.42 to read as follows:
Art. 38.41. CERTIFICATE OF ANALYSIS
Sec. 1. 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. 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. A certificate of analysis under this article must
contain the following information certified under oath:
(1) the names of the analyst and the laboratory
employing the analyst;
(2) a description of the analyst's educational
background, training, and experience;
(3) a statement that the analyst's duties of
employment included the analysis of physical evidence for one or
more law enforcement agencies;
(4) a description of the tests or procedures conducted
by the analyst;
(5) a statement that the tests or procedures used were
reliable and approved by the laboratory employing the analyst; and
(6) the results of the analysis.
Sec. 4. 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, the affidavit must be filed with the
clerk of the court and a copy must be provided by fax, hand
delivery, or certified mail, return receipt requested, to the
opposing party.
Sec. 5. A certificate of analysis is sufficient for
purposes of this article if it uses the following form or if it
otherwise substantially complies with this article:
CERTIFICATE OF ANALYSIS
BEFORE ME, the undersigned authority, personally appeared
____________________, who being duly sworn, stated as follows:
My name is __________. I am of sound mind, over the age of 18
years, capable of making this affidavit, and personally acquainted
with the facts stated in this affidavit.
I am employed by the ______, which was authorized to conduct
the analysis referenced in this affidavit. Part of my duties for
this laboratory involved the analysis of physical evidence for one
or more law enforcement agencies.
My educational background is as follows: (description of
educational background)
My training and experience that qualify me to perform the
tests or procedures referred to in this affidavit and determine the
results of those tests or procedures are as follows: (description
of training and experience)
I received the physical evidence listed on laboratory report
no. _______ (attached) on the _______ day of _______, 20__. On the
date indicated in the laboratory report, I conducted the following
tests or procedures on the physical evidence: (description of
tests and procedures)
The tests and procedures used were reliable and approved by
the laboratory. The results are as indicated on the lab report.
___________________________________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of ______,
20__.
___________________________________
Notary Public, State of Texas
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT
Sec. 1. 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. 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. A chain of custody affidavit under this article must
contain the following information stated under oath:
(1) the affiant's name and address;
(2) a description of the item of evidence and its
container, if any, obtained by the affiant;
(3) the name of the affiant's employer on the date the
affiant obtained custody of the physical evidence;
(4) the date, method of receipt, and name of the person
from whom or location from which the item of physical evidence was
received;
(5) the date, method of transfer, and name of the
person to whom or location to which the item of physical evidence
was transferred; and
(6) a statement that the item of evidence was
transferred in essentially the same condition as received except
for any minor change resulting from field or laboratory testing
procedures.
Sec. 4. 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, the affidavit must be filed with the
clerk of the court and a copy must be provided by fax, hand
delivery, or certified mail, return receipt requested, to the
opposing party.
Sec. 5. A chain of custody affidavit is sufficient for
purposes of this article if it uses the following form or if it
otherwise substantially complies with this article:
CHAIN OF CUSTODY AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared
__________, who being by me duly sworn, stated as follows:
My name is _____________. I am of sound mind, over the age of
18 years, capable of making this affidavit, and personally
acquainted with the facts stated in this affidavit.
My address is ________________________.
On the _______ day of ________, 20__, I was employed by _____.
On that date, I came into possession of the physical evidence
described as follows: (description of evidence)
I received the physical evidence from _______ (name of person
or description of location) on the _______ day of ______, 20__, by
_______________ (method of receipt).
This physical evidence was in a container described and
marked as follows: (description of container)
I transferred the physical evidence to __________ (name of
person or description of location) on the ________ day of ________,
20__, by __________ (method of delivery).
During the time that the physical evidence was in my custody,
I did not make any changes or alterations to the condition of the
physical evidence except for those resulting from field or
laboratory testing procedures, and the physical evidence or a
representative sample of the physical evidence was transferred in
essentially the same condition as received.
____________________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of _______,
20__.
____________________
Notary Public, State of Texas
SECTION 2. This Act takes effect September 1, 2003.