86R12432 AJZ-F
By: Farrar H.B. No. 3554
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain forensic analyses and
associated testimony regarding physical evidence in a criminal
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.35(d)(1), Code of Criminal Procedure,
is amended to read as follows:
(d)(1) Except as provided by Subsection (e), a forensic
analysis of physical evidence under this article and expert
testimony relating to the evidence are not admissible in a criminal
action if:
(A) the analysis and testimony are presented by
the state; and
(B) [,] at the time of the analysis, the crime
laboratory conducting the analysis was not accredited by the
commission under Article 38.01.
SECTION 2. Article 38.35, Code of Criminal Procedure, is
amended by amending Subsection (e) and adding Subsection (g) to
read as follows:
(e) If presented by the state, a [A] forensic analysis of
physical evidence under this article and expert testimony relating
to that [the] evidence are not inadmissible in a criminal action
based solely on the accreditation status of the crime laboratory
conducting the analysis if the laboratory:
(A) except for making proper application, was
eligible for accreditation by the commission at the time of the
examination or test; and
(B) obtains accreditation from the commission
before the time of testimony about the examination or test.
(g) Evidence that a crime laboratory holds a certificate of
accreditation issued by the commission under Article 38.01 is not
admissible in a criminal action for the purpose of establishing the
validity of a forensic analysis performed by the laboratory.
SECTION 3. This Act takes effect September 1, 2019.