Tex. Code of Crim. Proc. Article 38.076
Testimony of Forensic Analyst by Video Teleconference


(a)

In this article, “forensic analyst” has the meaning assigned by Section 4-a, Article 38.01 (Texas Forensic Science Commission).

(b)

In a proceeding in the prosecution of a criminal offense in which a forensic analyst is required to testify as a witness, any testimony of the witness may be conducted by video teleconferencing in the manner described by Subsection (c) if:

(1)

the use of video teleconferencing is approved by the court and all parties;

(2)

the video teleconferencing is coordinated in advance to ensure proper scheduling and equipment compatibility and reliability; and

(3)

a method of electronically transmitting documents related to the proceeding is available at both the location at which the witness is testifying and in the court.

(c)

A video teleconferencing system used under this article must provide an encrypted, simultaneous, compressed full motion video and interactive communication of image and sound between the judge, the attorney representing the state, the attorney representing the defendant, and the witness.
Added by Acts 2019, 86th Leg., R.S., Ch. 978 (S.B. 1125), Sec. 1, eff. September 1, 2019.

Source: Article 38.076 — Testimony of Forensic Analyst by Video Teleconference, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­38.­htm#38.­076 (accessed Apr. 20, 2024).

38.01
Texas Forensic Science Commission
38.02
Effect Under Public Information Law of Release of Certain Information
38.03
Presumption of Innocence
38.04
Jury Are Judges of Facts
38.05
Judge Shall Not Discuss Evidence
38.07
Testimony in Corroboration of Victim of Sexual Offense
38.08
Defendant May Testify
38.10
Exceptions to the Spousal Adverse Testimony Privilege
38.11
Journalist’s Qualified Testimonial Privilege in Criminal Proceedings
38.12
Religious Opinion
38.14
Testimony of Accomplice
38.15
Two Witnesses in Treason
38.16
Evidence in Treason
38.17
Two Witnesses Required
38.18
Perjury and Aggravated Perjury
38.19
Intent to Defraud: Certain Offenses
38.21
Statement
38.23
Evidence Not to Be Used
38.24
Statements Obtained by Investigative Hypnosis
38.25
Written Part of Instrument Controls
38.27
Evidence of Handwriting
38.30
Interpreter
38.31
Interpreters for Deaf Persons
38.32
Presumption of Death
38.34
Photographic Evidence in Theft Cases
38.35
Forensic Analysis of Evidence
38.36
Evidence in Prosecutions for Murder
38.38
Evidence Relating to Retaining Attorney
38.39
Evidence in an Aggregation Prosecution with Numerous Victims
38.40
Evidence of Pregnancy
38.43
Evidence Containing Biological Material
38.44
Admissibility of Electronically Preserved Document
38.45
Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor
38.46
Evidence in Prosecutions for Stalking
38.47
Evidence in Aggregation Prosecution for Fraud or Theft Committed with Respect to Numerous Medicaid or Medicare Recipients
38.48
Evidence in Prosecution for Tampering with Witness or Prospective Witness Involving Family Violence
38.49
Forfeiture by Wrongdoing
38.50
Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses
38.072
Hearsay Statement of Certain Abuse Victims
38.073
Testimony of Inmate Witnesses
38.075
Corroboration of Certain Testimony Required
38.076
Testimony of Forensic Analyst by Video Teleconference
38.101
Communications by Drug Abusers
38.141
Testimony of Undercover Peace Officer or Special Investigator
38.435
Prohibited Use of Evidence from Forensic Medical Examination Performed on Victim of Sexual Assault
38.451
Evidence Depicting Invasive Visual Recording of Child
38.471
Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual

Accessed:
Apr. 20, 2024

Art. 38.076’s source at texas​.gov