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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility of certain forensic analyses and |
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associated testimony regarding physical evidence in a criminal |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.35(d)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d)(1) Except as provided by Subsection (e), a forensic |
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analysis of physical evidence under this article and expert |
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testimony relating to the evidence are not admissible in a criminal |
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action if: |
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(A) the analysis and testimony are presented by |
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the state; and |
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(B) [,] 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 2. Article 38.35, Code of Criminal Procedure, is |
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amended by amending Subsection (e) and adding Subsection (g) to |
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read as follows: |
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(e) If presented by the state, a [A] forensic analysis of |
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physical evidence under this article and expert testimony relating |
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to that [the] evidence are not inadmissible in a criminal action |
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based solely on the accreditation status of the crime laboratory |
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conducting the analysis if the 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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(g) Evidence that a crime laboratory holds a certificate of |
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accreditation issued by the commission under Article 38.01 is not |
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admissible in a criminal action for the purpose of establishing the |
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validity of a forensic analysis performed by the laboratory. |
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SECTION 3. This Act takes effect September 1, 2019. |