Texas Code of Criminal Procedure - Article 38.35. Forensic Analysis Of Evidence; Admissibility
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Art. 38.35. FORENSIC ANALYSIS OF EVIDENCE;
ADMISSIBILITY. (a) In this article:
(1) "Crime laboratory"' includes a public or private
laboratory or other entity that conducts a forensic analysis
subject to this article.
(2) "Criminal action" includes an investigation, complaint,
arrest, bail, bond, trial, appeal, punishment, or other matter
related to conduct proscribed by a criminal offense.
(3) "Director" means the public safety director of the
Department of Public Safety.
(4) "Forensic analysis" means a medical, chemical,
toxicologic, ballistic, or other expert examination or test
performed on physical evidence, including DNA evidence, for the
purpose of determining the connection of the evidence to a criminal
action. The term includes an examination or test requested by a law
enforcement agency, prosecutor, criminal suspect or defendant, or
court. The term does not include:
(A) latent print examination;
(B) a test of a specimen of breath under Chapter 724,
Transportation Code;
(C) digital evidence;
(D) an examination or test excluded by rule under Section
411.0205(c), Government Code;
(E) a presumptive test performed for the purpose of
determining compliance with a term or condition of community
supervision or parole and conducted by or under contract with a
community supervision and corrections department, the parole
division of the Texas Department of Criminal Justice, or the Board
of Pardons and Paroles; or
(F) an expert examination or test conducted principally for
the purpose of scientific research, medical practice, civil or
administrative litigation, or other purpose unrelated to
determining the connection of physical evidence to a criminal
action.
(5) "Physical evidence" means any tangible object, thing,
or substance relating to a criminal action.
(b) A law enforcement agency, prosecutor, or court may
request a forensic analysis by a crime laboratory of physical
evidence if the evidence was obtained in connection with the
requesting entity's investigation or disposition of a criminal
action and the requesting entity:
(1) controls the evidence;
(2) submits the evidence to the laboratory; or
(3) consents to the analysis.
(c) A law enforcement agency, other governmental agency, or
private entity performing a forensic analysis of physical evidence
may require the requesting law enforcement agency to pay a fee for
such analysis.
(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, at the time of the analysis, the crime laboratory
conducting the analysis was not accredited by the director under
Section 411.0205, Government Code.
(2) If before the date of the analysis the director issues a
certificate of accreditation under Section 411.0205, Government
Code, to a crime laboratory conducting the analysis, the
certificate is prima facie evidence that the laboratory was
accredited by the director at the time of the analysis.
(e) A forensic analysis of physical evidence under this
article 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 director at the time of the examination or
test; and
(B) obtains accreditation from the director before the time
of testimony about the examination or test.
(f) This article does not apply to the portion of an autopsy
conducted by a medical examiner or other forensic pathologist who
is a licensed physician.
Added by Acts 1991, 72nd Leg., ch. 298, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 698, Sec. 1, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 698, Sec. 2, eff. June 20, 2003;
Acts 2003, 78th Leg., ch. 698, Sec. 3, eff. June 20, 2003.
Amended by Acts 2005, 79th Leg., ch. 1224, Sec. 2, eff. Sept. 1,
2005.
Article: 38.25 38.27 38.30 38.31 38.32 38.33 38.34 38.35 38.36 38.37 38.38 38.39 38.40 38.41 38.42
Last modified: August 11, 2007
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