81R10598 SJM-F
By: Wentworth S.B. No. 1631
A BILL TO BE ENTITLED
AN ACT
relating to the time for filing a certificate of analysis for use as
evidence in a criminal action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Article 38.41, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. Not later than the 30th [20th] day before the trial
begins in a proceeding in which a certificate of analysis under this
article is to be introduced, the certificate must be filed with the
clerk of the court and a copy must be provided by fax, hand
delivery, or certified mail, return receipt requested, to the
opposing party. The certificate is not admissible under Section 1
if, not later than the 15th [10th] day after the date the opposing
party receives the copy of the certificate [before the trial
begins], the opposing party files a written objection to the use of
the certificate with the clerk of the court and provides a copy of
the objection by fax, hand delivery, or certified mail, return
receipt requested, to the offering party.
SECTION 2. The change in law made by this Act applies only
to the admissibility of a certificate of analysis in a criminal
proceeding that commences on or after the effective date of this
Act. The admissibility of a certificate of analysis in a criminal
proceeding that commenced before the effective date of this Act is
governed by the law in effect at the time the proceeding commenced,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.