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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of video teleconferencing for testimony of a |
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forensic analyst in a criminal proceeding. |
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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 38.076 to read as follows: |
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Art. 38.076. TESTIMONY OF FORENSIC ANALYST BY VIDEO |
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TELECONFERENCE. (a) In this article, "forensic analyst" has the |
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meaning assigned by Section 4-a, Article 38.01. |
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(b) In a proceeding in the prosecution of a criminal offense |
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in which a forensic analyst is required to testify as a witness, any |
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testimony of the witness may be conducted by video teleconferencing |
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in the manner described by Subsection (c) if: |
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(1) the use of video teleconferencing is approved by |
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the court after providing notice to all parties; |
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(2) the video teleconferencing is coordinated in |
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advance to ensure proper scheduling and equipment compatibility and |
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reliability; and |
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(3) a method of electronically transmitting documents |
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related to the proceeding is available at both the location at which |
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the witness is testifying and in the court. |
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(c) A video teleconferencing system used under this article |
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must provide an encrypted, simultaneous, compressed full motion |
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video and interactive communication of image and sound between the |
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judge, the attorney representing the state, the attorney |
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representing the defendant, and the witness. |
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SECTION 2. This Act takes effect September 1, 2019. |