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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of expert testimony regarding |
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forensic analyses of physical evidence in a criminal case and to the |
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regulation of certain expert witnesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4(a), Article 38.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) The commission shall: |
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(1) develop and implement a reporting system through |
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which a crime laboratory may report professional negligence or |
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professional misconduct; |
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(2) require a crime laboratory that conducts forensic |
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analyses to report professional negligence or professional |
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misconduct to the commission; [and] |
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(3) investigate, in a timely manner, any allegation of |
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professional negligence or professional misconduct that would |
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substantially affect the integrity of the results of a forensic |
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analysis conducted by a crime laboratory; and |
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(4) investigate professional negligence or |
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professional misconduct by an expert witness relating to a forensic |
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analysis conducted by a crime laboratory. |
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SECTION 2. Article 38.35(d)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(1) Except as provided by Subsection (e), a forensic |
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analysis of physical evidence under this article is [and expert
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testimony relating to the evidence are] not admissible in a |
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criminal action if, at the time of the analysis, the crime |
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laboratory conducting the analysis was not accredited by the |
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commission under Article 38.01. |
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SECTION 3. Articles 38.35(e) and (f), Code of Criminal |
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Procedure, are amended to read as follows: |
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(e) A forensic analysis of physical evidence under this |
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article is [and expert testimony relating to the evidence are] not |
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inadmissible in a criminal action based solely on the accreditation |
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status of the crime laboratory conducting the analysis if the |
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laboratory: |
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(A) except for making proper application, was |
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eligible for accreditation by the commission at the time of the |
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examination or test; and |
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(B) obtains accreditation from the commission |
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before the time of testimony about the examination or test. |
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(f) This article does not apply to expert testimony under |
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Rule 702, 703, or 704, Texas Rules of Evidence, regarding the |
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forensic analysis of physical evidence performed by an accredited |
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crime laboratory or the portion of an autopsy conducted by a medical |
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examiner or other forensic pathologist who is a licensed physician. |
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This article does not limit the commission's duty to investigate |
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professional negligence or professional misconduct by an expert |
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witness relating to a forensic analysis conducted by an accredited |
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crime laboratory, including negligence or misconduct affecting the |
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testimony of the witness. |
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SECTION 4. This Act takes effect September 1, 2019. |