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A BILL TO BE ENTITLED
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AN ACT
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relating to the time for filing a certificate of analysis for use as |
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evidence in a criminal action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Article 38.41, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 4. Not later than the 30th [20th] day before the trial |
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begins in a proceeding in which a certificate of analysis under this |
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article is to be introduced, the certificate must be filed with the |
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clerk of the court and a copy must be provided by fax, hand |
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delivery, or certified mail, return receipt requested, to the |
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opposing party. The certificate is not admissible under Section 1 |
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if, not later than the 15th [10th] day after the date the opposing |
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party receives the copy of the certificate [before the trial
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begins], the opposing party files a written objection to the use of |
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the certificate with the clerk of the court and provides a copy of |
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the objection by fax, hand delivery, or certified mail, return |
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receipt requested, to the offering party. |
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SECTION 2. The change in law made by this Act applies only |
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to the admissibility of a certificate of analysis in a criminal |
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proceeding that commences on or after the effective date of this |
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Act. The admissibility of a certificate of analysis in a criminal |
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proceeding that commenced before the effective date of this Act is |
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governed by the law in effect at the time the proceeding commenced, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |