86R23080 AJZ-F
By: Farrar H.B. No. 3554
Substitute the following for H.B. No. 3554:
By: González of Dallas C.S.H.B. No. 3554
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of expert testimony regarding
forensic analyses of physical evidence in a criminal case and to the
regulation of certain expert witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(a), Article 38.01, Code of Criminal
Procedure, is amended to read as follows:
(a) The commission shall:
(1) develop and implement a reporting system through
which a crime laboratory may report professional negligence or
professional misconduct;
(2) require a crime laboratory that conducts forensic
analyses to report professional negligence or professional
misconduct to the commission; [and]
(3) investigate, in a timely manner, any allegation of
professional negligence or professional misconduct that would
substantially affect the integrity of the results of a forensic
analysis conducted by a crime laboratory; and
(4) investigate professional negligence or
professional misconduct by an expert witness relating to a forensic
analysis conducted by a crime laboratory.
SECTION 2. Article 38.35(d)(1), Code of Criminal Procedure,
is amended to read as follows:
(1) Except as provided by Subsection (e), a forensic
analysis of physical evidence under this article is [and expert
testimony relating to the evidence are] not admissible in a
criminal action if, at the time of the analysis, the crime
laboratory conducting the analysis was not accredited by the
commission under Article 38.01.
SECTION 3. Articles 38.35(e) and (f), Code of Criminal
Procedure, are amended to read as follows:
(e) A forensic analysis of physical evidence under this
article is [and expert testimony relating to 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.
(f) This article does not apply to expert testimony under
Rule 702, 703, or 704, Texas Rules of Evidence, regarding the
forensic analysis of physical evidence performed by an accredited
crime laboratory or the portion of an autopsy conducted by a medical
examiner or other forensic pathologist who is a licensed physician.
This article does not limit the commission's duty to investigate
professional negligence or professional misconduct by an expert
witness relating to a forensic analysis conducted by an accredited
crime laboratory, including negligence or misconduct affecting the
testimony of the witness.
SECTION 4. This Act takes effect September 1, 2019.