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A BILL TO BE ENTITLED
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AN ACT
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relating to forensic analysis and forensic evidence testimony in |
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certain civil proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 104, Family Code, is amended by adding |
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Section 104.008 to read as follows: |
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Sec. 104.008. FORENSIC EVIDENCE TESTIMONY. (a) In this |
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section, "analysis of forensic evidence" means a medical, chemical, |
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toxicologic, or other expert examination or test performed on |
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physical evidence, including DNA evidence, for the purpose of |
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determining the connection of the evidence to a suit under this |
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title. The term includes an examination or test requested by a |
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party to a suit or by the court. |
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(b) In a suit under this title, a person may provide written |
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or oral testimony related to the analysis of forensic evidence only |
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if the person possesses at least a bachelor's degree in the chemical |
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or biological sciences or in medical technology, or the equivalent, |
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awarded by an accredited institution of higher education. |
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SECTION 2. (a) The Texas Forensic Science Commission shall |
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conduct a study to evaluate standards for the analysis of forensic |
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evidence, including testimony related to the assessment and |
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interpretation of forensic evidence, presented in suits under Title |
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5, Family Code. |
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(b) Not later than December 1, 2014, the Texas Forensic |
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Science Commission shall complete the study conducted under this |
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section and shall report the results of the study, together with any |
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recommendations of the commission, to the lieutenant governor, the |
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speaker of the house of representatives, and the presiding officers |
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of the standing committees of each house of the legislature with |
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primary jurisdiction over matters affecting the judiciary and civil |
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jurisprudence. |
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SECTION 3. The change in law made by Section 104.008, Family |
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Code, as added by this Act, applies to testimony taken on or after |
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the effective date of this Act in a proceeding in a suit under Title |
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5, Family Code, regardless of whether the suit commenced before, |
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on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |