Texas Code of Criminal Procedure - Article 38.41. Certificate Of Analysis
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Art. 38.41. CERTIFICATE OF ANALYSIS. Sec. 1. A certificate
of analysis that complies with this article is admissible in
evidence on behalf of the state or the defendant to establish the
results of a laboratory analysis of physical evidence conducted by
or for a law enforcement agency without the necessity of the analyst
personally appearing in court.
Sec. 2. This article does not limit the right of a party to
summon a witness or to introduce admissible evidence relevant to
the results of the analysis.
Sec. 3. A certificate of analysis under this article must
contain the following information certified under oath:
(1) the names of the analyst and the laboratory employing
the analyst;
(2) a statement that the laboratory employing the analyst is
accredited by a nationally recognized board or association that
accredits crime laboratories;
(3) a description of the analyst's educational background,
training, and experience;
(4) a statement that the analyst's duties of employment
included the analysis of physical evidence for one or more law
enforcement agencies;
(5) a description of the tests or procedures conducted by
the analyst;
(6) a statement that the tests or procedures used were
reliable and approved by the laboratory employing the analyst; and
(7) the results of the analysis.
Sec. 4. Not later than the 20th day before the trial begins in
a proceeding in which a certificate of analysis under this article
is to be introduced, the certificate must be filed with the clerk of
the court and a copy must be provided by fax, hand delivery, or
certified mail, return receipt requested, to the opposing party.
The certificate is not admissible under Section 1 if, not later than
the 10th day before the trial begins, the opposing party files a
written objection to the use of the certificate with the clerk of
the court and provides a copy of the objection by fax, hand
delivery, or certified mail, return receipt requested, to the
offering party.
Sec. 5. A certificate of analysis is sufficient for purposes
of this article if it uses the following form or if it otherwise
substantially complies with this article:
CERTIFICATE OF ANALYSIS
BEFORE ME, the undersigned authority, personally appeared
______________________________, who being duly sworn, stated as
follows:
My name is __________. I am of sound mind, over the age of 18
years, capable of making this affidavit, and personally acquainted
with the facts stated in this affidavit.
I am employed by the __________, which was authorized to
conduct the analysis referenced in this affidavit. Part of my
duties for this laboratory involved the analysis of physical
evidence for one or more law enforcement agencies. This laboratory
is accredited by __________.
My educational background is as follows: (description of
educational background)
My training and experience that qualify me to perform the
tests or procedures referred to in this affidavit and determine the
results of those tests or procedures are as follows: (description
of training and experience)
I received the physical evidence listed on laboratory report
no. __________ (attached) on the ___ day of __________, 20___. On
the date indicated in the laboratory report, I conducted the
following tests or procedures on the physical evidence:
(description of tests and procedures)
The tests and procedures used were reliable and approved by
the laboratory. The results are as indicated on the lab report.
__________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of
__________, 20___.
__________
Notary Public, State of Texas
Added by Acts 2003, 78th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2003.
Article: 38.34 38.35 38.36 38.37 38.38 38.39 38.40 38.41 38.42 38.43 38.44 39.01 39.02 39.03 39.04
Last modified: August 11, 2007
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