Texas 2009 - 81st Regular

Texas House Bill HB3874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R803 KEL-D
2	2	By: Phillips H.B. No. 3874
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the analysis of physical evidence in a criminal case, to
8	8	the accreditation of crime laboratories in this state, and to
9	9	audits of and standards for the analyses performed by those
10	10	laboratories.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 38.01, Code of Criminal Procedure, is
13	13	amended by adding Section 4a to read as follows:
14	14	Sec. 4a. STANDARDS FOR POSTCONVICTION DNA TESTING. The
15	15	commission shall adopt standards for all postconviction forensic
16	16	DNA testing performed under Chapter 64.
17	17	SECTION 2. Article 64.03, Code of Criminal Procedure, is
18	18	amended by adding Subsection (c-1) to read as follows:
19	19	(c-1) All forensic DNA testing under Subsection (c) shall be
20	20	conducted according to standards adopted by the Texas Forensic
21	21	Science Commission under Section 4a, Article 38.01.
22	22	SECTION 3. Subchapter D, Chapter 1001, Health and Safety
23	23	Code, is amended by adding Sections 1001.076 and 1001.077 to read as
24	24	follows:
25	25	Sec. 1001.076. CRIME LABORATORY ACCREDITATION PROCESS. The
26	26	department by rule shall establish an accreditation process for
27	27	crime laboratories and other entities conducting forensic analyses
28	28	of physical evidence for use in criminal proceedings. In adopting
29	29	rules under this section, the department shall consult with the
30	30	Texas Forensic Science Commission established under Article 38.01,
31	31	Code of Criminal Procedure.
32	32	Sec. 1001.077. DNA LABORATORY AUDIT PROGRAM. (a) In
33	33	consultation with the Texas Forensic Science Commission
34	34	established under Article 38.01, Code of Criminal Procedure, the
35	35	department shall establish a DNA laboratory audit program to
36	36	conduct periodic unannounced audits of DNA laboratories in this
37	37	state that conduct forensic analyses of physical evidence for use
38	38	in criminal proceedings.
39	39	(b) The program established under Subsection (a) must
40	40	include:
41	41	(1) an on-site review by experienced forensic DNA
42	42	analysts of forensic work recently performed by the DNA laboratory
43	43	being audited, including an examination of any DNA record created
44	44	by the laboratory and whether the laboratory followed all
45	45	applicable quality control steps in creating the record;
46	46	(2) in circumstances determined by the department by
47	47	rule, an off-site retrospective reexamination of one or more DNA
48	48	samples analyzed by the laboratory; and
49	49	(3) the imposition of sanctions on laboratories that
50	50	fail to take appropriate corrective action as required by the
51	51	department.
52	52	(c) The department shall prepare a written report
53	53	summarizing each audit conducted under this section and provide the
54	54	report to the audited laboratory not later than the 30th day after
55	55	the date the audit is completed. The report must include the
56	56	findings of the audit and must specify whether the laboratory must
57	57	take any corrective action.
58	58	(d) An audit conducted under this section is in addition to
59	59	any audit conducted by the public safety director of the Department
60	60	of Public Safety under Section 411.144, Government Code.
61	61	(e) The department shall adopt rules to implement this
62	62	section.
63	63	SECTION 4. Section 411.0205, Government Code, is repealed.
64	64	SECTION 5. (a) Not later than December 1, 2009, the Texas
65	65	Forensic Science Commission shall adopt the standards required by
66	66	Section 4a, Article 38.01, Code of Criminal Procedure, as added by
67	67	this Act.
68	68	(b) Not later than December 1, 2009, the Department of State
69	69	Health Services shall adopt the rules required by Sections 1001.076
70	70	and 1001.077, Health and Safety Code, as added by this Act.
71	71	SECTION 6. This Act takes effect September 1, 2009.