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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of testimony of certain expert witnesses as |
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evidence in criminal and civil proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.45 to read as follows: |
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Art. 38.45. TESTIMONY OF EXPERT WITNESS. (a) |
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Notwithstanding Rule 702, Texas Rules of Evidence, if scientific, |
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technical, or other specialized knowledge will assist the trier of |
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fact to understand the evidence or to determine a fact in issue, a |
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witness qualified as an expert by knowledge, skill, experience, |
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training, or education may testify in relation to those areas in the |
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form of an opinion or otherwise. |
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(b) In addition to showing that an expert witness is |
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qualified under Subsection (a), the proponent of the expert's |
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testimony shall show that the testimony is both relevant and |
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reliable. |
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(c) In determining the admissibility of expert witness |
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testimony regarding scientific knowledge under this article, the |
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court may consider factors that are helpful in determining whether |
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the underlying theories and techniques of the proffered evidence |
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are scientifically reliable, including: |
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(1) the extent to which the theory has been or can be |
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tested; |
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(2) the extent to which the technique relies on the |
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subjective interpretation of the expert; |
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(3) whether the theory has been subject to peer review |
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or publication; |
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(4) the technique's potential rate of error; |
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(5) whether the underlying theory or technique has |
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been generally accepted as valid by the relevant scientific |
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community; |
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(6) the nonjudicial uses that have been made of the |
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theory or technique; and |
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(7) other factors helpful in the particular case as |
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determined by the court. |
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(d) The court of criminal appeals may not amend or adopt |
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rules in conflict with this article. |
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SECTION 2. Subchapter A, Chapter 22, Civil Practice and |
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Remedies Code, is amended by adding Section 22.005 to read as |
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follows: |
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Sec. 22.005. TESTIMONY OF EXPERT WITNESS. (a) |
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Notwithstanding Rule 702, Texas Rules of Evidence, if scientific, |
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technical, or other specialized knowledge will assist the trier of |
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fact to understand the evidence or to determine a fact in issue, a |
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witness qualified as an expert by knowledge, skill, experience, |
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|
training, or education may testify in relation to those areas in the |
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form of an opinion or otherwise. |
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|
(b) In addition to showing that an expert witness is |
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qualified under Subsection (a), the proponent of the expert's |
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testimony shall show that the testimony is both relevant and |
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reliable. |
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|
(c) In determining the admissibility of expert witness |
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testimony regarding scientific knowledge under this section, the |
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|
court may consider factors that are helpful in determining whether |
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|
the underlying theories and techniques of the proffered evidence |
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|
are scientifically reliable, including: |
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|
(1) the extent to which the theory has been or can be |
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|
tested; |
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|
(2) the extent to which the technique relies on the |
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subjective interpretation of the expert; |
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(3) whether the theory has been subject to peer review |
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or publication; |
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(4) the technique's potential rate of error; |
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(5) whether the underlying theory or technique has |
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been generally accepted as valid by the relevant scientific |
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community; |
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(6) the nonjudicial uses that have been made of the |
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theory or technique; and |
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(7) other factors helpful in the particular case as |
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determined by the court. |
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(d) This section does not permit a witness to qualify as an |
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expert if another statute, including Chapter 74, Civil Practice and |
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Remedies Code, establishes specific qualifications for an expert |
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witness in certain civil suits that the witness does not meet. |
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(e) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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SECTION 3. This Act applies only to a proceeding that begins |
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on or after the effective date of this Act. A proceeding that |
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begins before the effective date of this Act is governed by the law |
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applicable to the proceeding when it began, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |