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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 28DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER IACCREDITATION
RULE §28.142Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Environmental testing--An analysis by a laboratory conducted for the purpose of determining the chemical, molecular, carcinogenic, radioactive, or pathogenic components of air, water, soil, or other environmental media for use in an administrative, civil, or criminal matter.

  (2) Forensic analysis--has the meaning assigned by Code of Criminal Procedure, Article 38.35. The term does not include:

    (A) an expert examination or test excluded under Code of Criminal Procedure, Article 38.35, subsection (a)(1);

    (B) 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;

    (C) the location, identification, collection, or preservation of physical evidence by laboratory or investigative personnel unless the activity is integral to an expert examination or test; or

    (D) field, spot, screening, or other presumptive testing unless the activity is integral to an expert examination or test for which an expert opinion is rendered.

  (3) Forensic pathology--Includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician. The term does not include a toxicology or other laboratory associated with the office of a medical examiner.

  (4) Laboratory--An entity that conducts a forensic analysis of physical evidence for use in a criminal proceeding. The term includes a forensic DNA laboratory and a CODIS user laboratory.

  (5) Physical evidence--has the meaning assigned by Code of Criminal Procedure, Article 38.35.


Source Note: The provisions of this §28.142 adopted to be effective June 1, 2010, 35 TexReg 4438

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