Texas 2019 - 86th Regular

Texas House Bill HB3554 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R23080~~ AJZ-F
	1	+	86R12432 AJZ-F
2	2		By: Farrar H.B. No. 3554
3		-	Substitute the following for H.B. No. 3554:
4		-	By: González of Dallas C.S.H.B. No. 3554
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the admissibility of ~~expert testimony regarding~~
10		-	~~forensic analyses of~~ physical evidence in a criminal ~~case and to the~~
11		-	~~regulation of certain expert witnesses~~.
	7	+	relating to the admissibility of certain forensic analyses and
	8	+	associated testimony regarding physical evidence in a criminal
	9	+	case.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 4(a), Article 38.01, Code of Criminal
14		-	Procedure, is amended to read as follows:
15		-	(a) The commission shall:
16		-	(1) develop and implement a reporting system through
17		-	which a crime laboratory may report professional negligence or
18		-	professional misconduct;
19		-	(2) require a crime laboratory that conducts forensic
20		-	analyses to report professional negligence or professional
21		-	misconduct to the commission; [and]
22		-	(3) investigate, in a timely manner, any allegation of
23		-	professional negligence or professional misconduct that would
24		-	substantially affect the integrity of the results of a forensic
25		-	analysis conducted by a crime laboratory; and
26		-	(4) investigate professional negligence or
27		-	professional misconduct by an expert witness relating to a forensic
28		-	analysis conducted by a crime laboratory.
29		-	SECTION 2. Article 38.35(d)(1), Code of Criminal Procedure,
	11	+	SECTION 1. Article 38.35(d)(1), Code of Criminal Procedure,
30	12		is amended to read as follows:
31		-	(1) Except as provided by Subsection (e), a forensic
32		-	analysis of physical evidence under this article is [and expert
33		-	testimony relating to the evidence are] not admissible in a
34		-	criminal action if, at the time of the analysis, the crime
	13	+	(d)(1) Except as provided by Subsection (e), a forensic
	14	+	analysis of physical evidence under this article and expert
	15	+	testimony relating to the evidence are not admissible in a criminal
	16	+	action if:
	17	+	(A) the analysis and testimony are presented by
	18	+	the state; and
	19	+	(B) [,] at the time of the analysis, the crime
35	20		laboratory conducting the analysis was not accredited by the
36	21		commission under Article 38.01.
37		-	SECTION 3. Articles 38.35(e) and (f), Code of Criminal
38		-	Procedure, are amended to read as follows:
39		-	(e) A forensic analysis of physical evidence under this
40		-	article is [and expert testimony relating to the evidence are] not
41		-	inadmissible in a criminal action based solely on the accreditation
42		-	status of the crime laboratory conducting the analysis if the
43		-	laboratory:
	22	+	SECTION 2. Article 38.35, Code of Criminal Procedure, is
	23	+	amended by amending Subsection (e) and adding Subsection (g) to
	24	+	read as follows:
	25	+	(e) If presented by the state, a [A] forensic analysis of
	26	+	physical evidence under this article and expert testimony relating
	27	+	to that [the] evidence are not inadmissible in a criminal action
	28	+	based solely on the accreditation status of the crime laboratory
	29	+	conducting the analysis if the laboratory:
44	30		(A) except for making proper application, was
45	31		eligible for accreditation by the commission at the time of the
46	32		examination or test; and
47	33		(B) obtains accreditation from the commission
48	34		before the time of testimony about the examination or test.
49		-	(f) This article does not apply to expert testimony under
50		-	Rule 702, 703, or 704, Texas Rules of Evidence, regarding the
51		-	forensic analysis of physical evidence performed by an accredited
52		-	crime laboratory or the portion of an autopsy conducted by a medical
53		-	examiner or other forensic pathologist who is a licensed physician.
54		-	This article does not limit the commission's duty to investigate
55		-	professional negligence or professional misconduct by an expert
56		-	witness relating to a forensic analysis conducted by an accredited
57		-	crime laboratory, including negligence or misconduct affecting the
58		-	testimony of the witness.
59		-	SECTION 4. This Act takes effect September 1, 2019.
	35	+	(g) Evidence that a crime laboratory holds a certificate of
	36	+	accreditation issued by the commission under Article 38.01 is not
	37	+	admissible in a criminal action for the purpose of establishing the
	38	+	validity of a forensic analysis performed by the laboratory.
	39	+	SECTION 3. This Act takes effect September 1, 2019.