81R803 KEL-D
By: Phillips H.B. No. 3874
A BILL TO BE ENTITLED
AN ACT
relating to the analysis of physical evidence in a criminal case, to
the accreditation of crime laboratories in this state, and to
audits of and standards for the analyses performed by those
laboratories.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 4a to read as follows:
Sec. 4a. STANDARDS FOR POSTCONVICTION DNA TESTING. The
commission shall adopt standards for all postconviction forensic
DNA testing performed under Chapter 64.
SECTION 2. Article 64.03, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) All forensic DNA testing under Subsection (c) shall be
conducted according to standards adopted by the Texas Forensic
Science Commission under Section 4a, Article 38.01.
SECTION 3. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Sections 1001.076 and 1001.077 to read as
follows:
Sec. 1001.076. CRIME LABORATORY ACCREDITATION PROCESS. The
department by rule shall establish an accreditation process for
crime laboratories and other entities conducting forensic analyses
of physical evidence for use in criminal proceedings. In adopting
rules under this section, the department shall consult with the
Texas Forensic Science Commission established under Article 38.01,
Code of Criminal Procedure.
Sec. 1001.077. DNA LABORATORY AUDIT PROGRAM. (a) In
consultation with the Texas Forensic Science Commission
established under Article 38.01, Code of Criminal Procedure, the
department shall establish a DNA laboratory audit program to
conduct periodic unannounced audits of DNA laboratories in this
state that conduct forensic analyses of physical evidence for use
in criminal proceedings.
(b) The program established under Subsection (a) must
include:
(1) an on-site review by experienced forensic DNA
analysts of forensic work recently performed by the DNA laboratory
being audited, including an examination of any DNA record created
by the laboratory and whether the laboratory followed all
applicable quality control steps in creating the record;
(2) in circumstances determined by the department by
rule, an off-site retrospective reexamination of one or more DNA
samples analyzed by the laboratory; and
(3) the imposition of sanctions on laboratories that
fail to take appropriate corrective action as required by the
department.
(c) The department shall prepare a written report
summarizing each audit conducted under this section and provide the
report to the audited laboratory not later than the 30th day after
the date the audit is completed. The report must include the
findings of the audit and must specify whether the laboratory must
take any corrective action.
(d) An audit conducted under this section is in addition to
any audit conducted by the public safety director of the Department
of Public Safety under Section 411.144, Government Code.
(e) The department shall adopt rules to implement this
section.
SECTION 4. Section 411.0205, Government Code, is repealed.
SECTION 5. (a) Not later than December 1, 2009, the Texas
Forensic Science Commission shall adopt the standards required by
Section 4a, Article 38.01, Code of Criminal Procedure, as added by
this Act.
(b) Not later than December 1, 2009, the Department of State
Health Services shall adopt the rules required by Sections 1001.076
and 1001.077, Health and Safety Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2009.