GA-0866

Greg Abbott

Summary

Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from considering|Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took place|\\"Forensic analysis\\" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal Procedure|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to FSC investigation, assuming all other statutory requirements are satisfied|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to Forensic Science Commission investigation, assuming all other statutory requirements are satisfied|Forensic analysis

Opinion File

ga0866.pdf