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78R11064 E


By:  Bailey, Paxton, Dutton, Keel, Flynn                          H.B. No. 2703

Substitute the following for H.B. No. 2703:                                   

By:  Hodge                                                    C.S.H.B. No. 2703



A BILL TO BE ENTITLED

AN ACT

relating to admissibility of evidence examined and tested by a 
crime laboratory.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Article 38.35, Code of Criminal 
Procedure, is amended to read as follows:
	Art. 38.35.  FORENSIC ANALYSIS OF EVIDENCE; ADMISSIBILITY.              
	SECTION 2.  Article 38.35(a)(1), Code of Criminal Procedure, 
is amended to read as follows:
		(1)  "Forensic analysis" means a medical, chemical, 
toxicologic, ballistic, or other expert examination and test  
performed on physical evidence, including DNA evidence, for the 
purpose of determining the [its] connection of the evidence to a 
criminal action.
	SECTION 3.  Article 38.35, Code of Criminal Procedure, is 
amended by adding Subsections (d) and (e) to read as follows:
	(d)  Physical evidence subjected to a forensic analysis, and 
testimony regarding the evidence, under this article is not 
admissible in a criminal case if, at the time of the analysis or the 
time the evidence is submitted to the court, the crime laboratory or 
other entity conducting the analysis was not accredited by the 
Department of Public Safety under Section 411.0205, Government 
Code.
	(e)  Notwithstanding Subsection (d), physical evidence 
subjected to a forensic analysis under this article is admissible 
in a criminal case regardless of the accreditation status of the 
crime laboratory or other entity conducting the analysis if the 
laboratory or entity:
		(1)  has preserved one or more separate samples of the 
physical evidence for use by the defense attorney or use under order 
of the convicting court; and
		(2)  has agreed to preserve those samples until all 
appeals in the case are final.  This subsection expires September 1, 
2005.
	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.  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.  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.
	SECTION 5.  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 added by this Act, not later than the 
61st day after the effective date of this Act.
	SECTION 6.  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 September 1, 2003.  If this Act 
does not receive the vote necessary for immediate effect, this Act 
takes effect September 1, 2003, and applies to evidence tested 
after that date.