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By:  Bailey                                                       H.B. No. 2703



A BILL TO BE ENTITLED

AN ACT

relating to admissibility of evidence from unaccredited crime 
laboratories. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 38.35, Code of Criminal Procedure, 
amending (a)(1) and adding subdivision (d) and (e) to read as 
follows:
	(a)  In this article:                                                          
		(1)  "Forensic analysis" means a medical, chemical, 
toxicologic, ballistic, or other expert examination and [test] 
testing, performed on physical evidence for the purpose of 
determining its connection to a criminal action, specifically 
including, but not limited to, DNA evidence testing and 
examination.
		(2)  "Physical evidence" means any tangible object, 
thing, or substance relating to a criminal offense.
	(b)  A law enforcement agency may procure a forensic analysis 
of physical evidence obtained in connection with the agency's 
investigation of a criminal offense.
	(c)  A law enforcement agency, other governmental agency, or 
private entity performing a forensic analysis of physical evidence 
may require the requesting law enforcement agency to pay a fee for 
such analysis.
	(d)  Crime laboratories conducting forensic analysis of 
physical evidence shall be accredited by the American Society of 
Crime Laboratory Directors.
	(e)  Physical evidence generated, developed, or examined by 
a crime laboratory owned or operated by a municipality, county, or 
other political subdivision shall not be admitted in evidence if at 
the time of such forensic analysis the laboratory was not 
accredited by the American Society of Crime Laboratory Directors, 
or, if at the time of such forensic analysis, the laboratory did not 
maintain at least one separate, physical evidence sample for use by 
defense counsel, until such time as all criminal appeals have been 
exhausted.
	SECTION 2.  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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.