Texas Code of Criminal Procedure - Article 38.42. Chain Of Custody Affidavit
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.42. Chain Of Custody Affidavit
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT. Sec. 1. A chain of
custody affidavit that complies with this article is admissible in
evidence on behalf of the state or the defendant to establish the
chain of custody of physical evidence without the necessity of any
person in the chain of custody 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 chain of custody.
Sec. 3. A chain of custody affidavit under this article must
contain the following information stated under oath:
(1) the affiant's name and address;
(2) a description of the item of evidence and its container,
if any, obtained by the affiant;
(3) the name of the affiant's employer on the date the
affiant obtained custody of the physical evidence;
(4) the date and method of receipt and the name of the person
from whom or location from which the item of physical evidence was
received;
(5) the date and method of transfer and the name of the
person to whom or location to which the item of physical evidence
was transferred; and
(6) a statement that the item of evidence was transferred in
essentially the same condition as received except for any minor
change resulting from field or laboratory testing procedures.
Sec. 4. Not later than the 20th day before the trial begins in
a proceeding in which a chain of custody affidavit under this
article is to be introduced, the affidavit 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 affidavit 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 affidavit 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 chain of custody affidavit is sufficient for
purposes of this article if it uses the following form or if it
otherwise substantially complies with this article:
CHAIN OF CUSTODY AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared
______________________________, who being by me 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.
My address is __________.
On the ___ day of __________, 20___, I was employed by
__________.
On that date, I came into possession of the physical evidence
described as follows: (description of evidence)
I received the physical evidence from __________ (name of
person or description of location) on the ___ day of __________,
20___, by ________ (method of receipt).
This physical evidence was in a container described and
marked as follows: (description of container)
I transferred the physical evidence to __________ (name of
person or description of location) on the ___ day of __________,
20___, by ________ (method of delivery).
During the time that the physical evidence was in my custody,
I did not make any changes or alterations to the condition of the
physical evidence except for those resulting from field or
laboratory testing procedures, and the physical evidence or a
representative sample of the physical evidence was transferred in
essentially the same condition as received.
__________
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: 38.35 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 39.05
Last modified: August 11, 2007
|
