Texas Code of Criminal Procedure

§ 38.42 — CHAIN OF CUSTODY AFFIDAVIT

CR § 38.42Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS

Statute text

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

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 5, eff. May 18, 2013.