By: Hinojosa S.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
relating to the use of video teleconferencing for testimony of a
forensic analyst in a criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.076 to read as follows:
Art. 38.076. TESTIMONY OF FORENSIC ANALYST BY VIDEO
TELECONFERENCE. (a) In this article, "forensic analyst" has the
meaning assigned by Section 4-a, Article 38.01.
(b) In a proceeding in the prosecution of a criminal offense
in which a forensic analyst is required to testify as a witness, any
testimony of the witness may be conducted by video teleconferencing
in the manner described by Subsection (c) if:
(1) the use of video teleconferencing is approved by
the court and all parties;
(2) the video teleconferencing is coordinated in
advance to ensure proper scheduling and equipment compatibility and
reliability; and
(3) a method of electronically transmitting documents
related to the proceeding is available at both the location at which
the witness is testifying and in the court.
(c) A video teleconferencing system used under this article
must provide an encrypted, simultaneous, compressed full motion
video and interactive communication of image and sound between the
judge, the attorney representing the state, the attorney
representing the defendant, and the witness.
SECTION 2. This Act takes effect September 1, 2019.