| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the use of video teleconferencing for testimony of a |
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| 9 | 8 | | forensic analyst in a criminal proceeding. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 12 | 11 | | amended by adding Article 38.076 to read as follows: |
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| 13 | 12 | | Art. 38.076. TESTIMONY OF FORENSIC ANALYST BY VIDEO |
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| 14 | 13 | | TELECONFERENCE. (a) In this article, "forensic analyst" has the |
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| 15 | 14 | | meaning assigned by Section 4-a, Article 38.01. |
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| 16 | 15 | | (b) In a proceeding in the prosecution of a criminal offense |
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| 17 | 16 | | in which a forensic analyst is required to testify as a witness, any |
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| 18 | 17 | | testimony of the witness may be conducted by video teleconferencing |
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| 19 | 18 | | in the manner described by Subsection (c) if: |
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| 20 | 19 | | (1) the use of video teleconferencing is approved by |
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| 21 | 20 | | the court after providing notice to all parties; |
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| 22 | 21 | | (2) the video teleconferencing is coordinated in |
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| 23 | 22 | | advance to ensure proper scheduling and equipment compatibility and |
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| 24 | 23 | | reliability; and |
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| 25 | 24 | | (3) a method of electronically transmitting documents |
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| 26 | 25 | | related to the proceeding is available at both the location at which |
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| 27 | 26 | | the witness is testifying and in the court. |
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| 28 | 27 | | (c) A video teleconferencing system used under this article |
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| 29 | 28 | | must provide an encrypted, simultaneous, compressed full motion |
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| 30 | 29 | | video and interactive communication of image and sound between the |
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| 31 | 30 | | judge, the attorney representing the state, the attorney |
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| 32 | 31 | | representing the defendant, and the witness. |
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| 33 | 32 | | SECTION 2. This Act takes effect September 1, 2019. |
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