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By:  Bailey, et al. (Senate Sponsor - Gallegos)                   H.B. No. 2703
	(In the Senate - Received from the House May 2, 2003; 
May 7, 2003, read first time and referred to Committee on Criminal 
Justice; May 22, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0, 1 
present not voting; May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2703                                   By:  Ellis


A BILL TO BE ENTITLED

AN ACT


relating to the testing of certain physical evidence, crime 
laboratory accreditation, and the admissibility of evidence 
examined or 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 or [and] test 
performed on physical evidence, including DNA evidence, for the 
purpose of determining the [its] connection of the evidence to a 
criminal action.  The term does not include:
			(A)  latent print examination;                                        
			(B)  a test of a specimen of breath under Chapter 
724, Transportation Code; or
			(C)  an examination or test excluded by rule under 
Section 411.0205(c), Government Code.
	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 not 
inadmissible in a criminal case based solely on 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 Sections 411.0205, and 411.0206, to read as 
follows:
	Sec. 411.0205.  CRIME LABORATORY ACCREDITATION PROCESS.  
(a)  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.
	(b)  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.
	(c)  The director by rule may exempt from the accreditation 
process established under Subsection (b) a crime laboratory or 
other entity conducting a forensic analysis of physical evidence 
for use in criminal proceedings if the director determines that:
		(1)  independent accreditation is unavailable or 
inappropriate for the laboratory or entity or the type of 
examination or test performed by the laboratory or entity;
		(2)  the type of examination or test performed by the 
laboratory or entity is admissible under a well-established rule of 
evidence or a statute other than Article 38.35, Code of Criminal 
Procedure; and
		(3)  the type of examination or test performed by the 
laboratory or entity is routinely conducted outside of a crime 
laboratory or other applicable entity by a person other than an 
employee of the crime laboratory or other applicable entity.
	Sec. 411.0206.  REGULATION OF DNA TESTING.  The director 
shall by rule regulate DNA testing, including regulation of DNA 
laboratories.
	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 day 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.



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