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Texas Statutes

Chapter 38

Evidence in Criminal Actions

38.01Texas Forensic Science Commission 3-aRules 3-bCode of Professional Responsibility 4-aForensic Analyst Licensing 4-bAdvisory Committee 4-cDisciplinary Action 4-dCrime Laboratory Accreditation Process 4-eDna Qa Database; Storage and Removal of Certain Dna Records 13Texas Forensic Science Commission Operating Account 38.02Effect under Public Information Law of Release of Certain Information 38.03Presumption of Innocence 38.04Jury Are Judges of Facts 38.05Judge Shall Not Discuss Evidence 38.07Testimony in Corroboration of Victim of Sexual Offense 38.071Testimony of Child Who Is Victim of Offense 13The attorney representing the state shall determine whether to use the procedure provided in Section 2 of this article or the procedure provided in Section 5 of this article 38.072Hearsay Statement of Certain Abuse Victims 38.073Testimony of Inmate Witnesses 38.074Testimony of Child in Prosecution of Offense 38.075Corroboration of Certain Testimony Required 38.076Testimony of Forensic Analyst by Video Teleconference 38.08Defendant May Testify 38.10Exceptions to the Spousal Adverse Testimony Privilege 38.101Communications by Drug Abusers 38.11JOURNALIST'S QUALIFIED TESTIMONIAL PRIVILEGE IN CRIMINAL PROCEEDINGS 38.111News Media Recordings 38.12Religious Opinion 38.14Testimony of Accomplice 38.141Testimony of Undercover Peace Officer or Special Investigator 38.15Two Witnesses in Treason 38.16Evidence in Treason 38.17Two Witnesses Required 38.18Perjury and Aggravated Perjury 38.19Intent to Defraud: Certain Offenses 38.20Photograph and Live Lineup Identification Procedures 38.21Statement 38.22When Statements May Be Used 9Notwithstanding any other provision of this article, no oral, sign language, or written statement that is made by a person accused of an offense listed in Article 2B.0202(a) and made as a result of a custodial interrogation occurring in a place of detention, as defined by Article 2B.0201, is admissible against the accused in a criminal proceeding unless:38.23Evidence Not to Be Used 38.24Statements Obtained by Investigative Hypnosis 38.25Written Part of Instrument Controls 38.27Evidence of Handwriting 38.30Interpreter 38.31Interpreters for Deaf Persons 38.32Presumption of Death 38.33Preservation and Use of Evidence of Certain Misdemeanor Convictions 1The court shall order that a defendant who is convicted of a felony or a misdemeanor offense that is punishable by confinement in jail have a thumbprint of the defendant's right thumb rolled legibly on the judgment or the docket sheet in the case 2This article does not prohibit a court from including in the records of the case additional information to identify the defendant 38.34Photographic Evidence in Theft Cases 38.35Forensic Analysis of Evidence; Admissibility 38.36Evidence in Prosecutions for Murder 38.37Evidence of Extraneous Offenses or Acts 1(a) Subsection 2(a) Subsection 2-aBefore evidence described by Section 2 may be introduced, the trial judge must:3The state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the 30th day before the date of the defendant's trial 38.371EVIDENCE IN PROSECUTION OF OFFENSE COMMITTED AGAINST MEMBER OF DEFENDANT'S FAMILY OR HOUSEHOLD OR PERSON IN DATING RELATIONSHIP WITH DEFENDANT 38.372EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR 38.38Evidence Relating to Retaining Attorney 38.39Evidence in an Aggregation Prosecution with Numerous Victims 38.40Evidence of Pregnancy 38.41Certificate of Analysis 1A 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 2This 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 3A certificate of analysis under this article must contain the following information certified under oath:4Not 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, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the opposing party 38.42Chain of Custody Affidavit 1A 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 2This article does not limit the right of a party to summon a witness or to introduce admissible evidence relevant to the chain of custody 3A chain of custody affidavit under this article must contain the following information stated under oath:4Not 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, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the opposing party 5A 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:38.43Evidence Containing Biological Material 38.435Prohibited Use of Evidence from Forensic Medical Examination Performed on Victim of Sexual Assault or Other Sex Offense; Placement under Seal 38.44Admissibility of Electronically Preserved Document 38.45Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor 38.451Evidence Depicting Invasive Visual Recording 38.46Evidence in Prosecutions for Stalking 38.47Evidence in Aggregation Prosecution for Fraud or Theft Committed with Respect to Numerous Medicaid or Medicare Recipients 38.471Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual 38.48Evidence in Prosecution for Tampering with Witness or Prospective Witness Involving Family Violence 38.49Forfeiture by Wrongdoing 38.50Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses 38.51Evidence in Prosecution for Organized Retail Theft