By: Carona S.B. No. 1728
A BILL TO BE ENTITLED
AN ACT
relating to forensic analysis and forensic evidence testimony in
certain civil proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Family Code, is amended by adding
Section 104.008 to read as follows:
Sec. 104.008. FORENSIC EVIDENCE TESTIMONY. (a) In this
section, "analysis of forensic evidence" means a medical, chemical,
toxicologic, or other expert examination or test performed on
physical evidence, including DNA evidence, for the purpose of
determining the connection of the evidence to a suit under this
title. The term includes an examination or test requested by a
party to a suit or by the court.
(b) In a suit under this title, a person may provide written
or oral testimony related to the analysis of forensic evidence only
if the person possesses at least a bachelor's degree in the chemical
or biological sciences or in medical technology, or the equivalent,
awarded by an accredited institution of higher education.
SECTION 2. (a) The Texas Forensic Science Commission shall
conduct a study to evaluate standards for the analysis of forensic
evidence, including testimony related to the assessment and
interpretation of forensic evidence, presented in suits under Title
5, Family Code.
(b) Not later than December 1, 2014, the Texas Forensic
Science Commission shall complete the study conducted under this
section and shall report the results of the study, together with any
recommendations of the commission, to the lieutenant governor, the
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over matters affecting the judiciary and civil
jurisprudence.
SECTION 3. The change in law made by Section 104.008, Family
Code, as added by this Act, applies to testimony taken on or after
the effective date of this Act in a proceeding in a suit under Title
5, Family Code, regardless of whether the suit commenced before,
on, or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.