| 1 | 1 | | 81R3411 HLT-D |
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| 2 | 2 | | By: Gallego H.B. No. 4143 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment by the Texas Forensic Science |
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| 8 | 8 | | Commission of a DNA laboratory audit program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2, Article 38.01, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | Sec. 2. DEFINITIONS [DEFINITION]. In this article: |
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| 13 | 13 | | (1) "DNA laboratory," "DNA record," and "DNA sample" |
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| 14 | 14 | | have the meanings assigned by Section 411.141, Government Code. |
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| 15 | 15 | | (2) "Forensic [, "forensic] analysis" has the meaning |
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| 16 | 16 | | assigned by Article 38.35(a). |
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| 17 | 17 | | SECTION 2. Article 38.01, Code of Criminal Procedure, is |
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| 18 | 18 | | amended by adding Section 4A to read as follows: |
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| 19 | 19 | | Sec. 4A. DNA LABORATORY AUDIT PROGRAM. (a) The commission |
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| 20 | 20 | | shall establish a DNA laboratory audit program to conduct periodic |
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| 21 | 21 | | unannounced audits of DNA laboratories in this state. |
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| 22 | 22 | | (b) The program established under Subsection (a) must |
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| 23 | 23 | | include: |
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| 24 | 24 | | (1) an on-site review by experienced forensic DNA |
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| 25 | 25 | | analysts of work recently performed by the DNA laboratory being |
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| 26 | 26 | | audited, including an examination of any DNA record created by the |
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| 27 | 27 | | laboratory and whether the laboratory followed all applicable |
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| 28 | 28 | | quality control steps in creating the record; and |
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| 29 | 29 | | (2) in circumstances determined by the commission by |
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| 30 | 30 | | rule, an off-site retrospective reexamination of one or more DNA |
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| 31 | 31 | | samples analyzed by the laboratory. |
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| 32 | 32 | | (c) The commission shall prepare a written report |
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| 33 | 33 | | summarizing each audit conducted under this section and provide the |
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| 34 | 34 | | report to the audited laboratory not later than the 30th day after |
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| 35 | 35 | | the date the audit is completed. The report must include the |
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| 36 | 36 | | findings of the audit and must specify whether the laboratory must |
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| 37 | 37 | | take any corrective action. |
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| 38 | 38 | | (d) If the report described by Subsection (c) requires a DNA |
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| 39 | 39 | | laboratory to take corrective action, the commission shall: |
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| 40 | 40 | | (1) not earlier than the 30th day after the date the |
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| 41 | 41 | | report is provided to the laboratory under Subsection (c), perform |
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| 42 | 42 | | a subsequent evaluation of the laboratory to review the |
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| 43 | 43 | | laboratory's implementation of any required corrective action; and |
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| 44 | 44 | | (2) prepare a written report of the findings of the |
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| 45 | 45 | | evaluation. |
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| 46 | 46 | | (e) The commission shall make all reports completed under |
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| 47 | 47 | | Subsections (c) and (d) available to the public. If the commission |
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| 48 | 48 | | requires a DNA laboratory to take corrective action under |
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| 49 | 49 | | Subsection (c), the commission may not make the report summarizing |
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| 50 | 50 | | the initial audit available to the public until the commission |
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| 51 | 51 | | makes available to the public the subsequent report completed under |
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| 52 | 52 | | Subsection (d). |
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| 53 | 53 | | (f) The commission promptly shall submit to the public |
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| 54 | 54 | | safety director of the Department of Public Safety any report |
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| 55 | 55 | | completed under Subsection (c) or (d) that relates to a DNA |
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| 56 | 56 | | laboratory that is accredited or seeking accreditation by the |
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| 57 | 57 | | department. |
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| 58 | 58 | | (g) An audit conducted under this section is in addition to |
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| 59 | 59 | | any audit conducted by the public safety director of the Department |
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| 60 | 60 | | of Public Safety under Section 411.144, Government Code. |
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| 61 | 61 | | (h) A report completed under Subsection (c) or (d), in a |
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| 62 | 62 | | subsequent civil or criminal proceeding, is not prima facie |
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| 63 | 63 | | evidence of the information or findings contained in the report. |
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| 64 | 64 | | (i) The commission shall adopt rules to implement this |
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| 65 | 65 | | section. |
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| 66 | 66 | | SECTION 3. Section 7, Article 38.01, Code of Criminal |
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| 67 | 67 | | Procedure, is amended to read as follows: |
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| 68 | 68 | | Sec. 7. SUBMISSION. The commission shall submit any report |
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| 69 | 69 | | received under Section 4(a)(2) and any report prepared under |
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| 70 | 70 | | Section 4(b)(1) or Section 4A(c) or (d) to the governor, the |
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| 71 | 71 | | lieutenant governor, and the speaker of the house of |
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| 72 | 72 | | representatives not later than December 1 of each even-numbered |
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| 73 | 73 | | year. |
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| 74 | 74 | | SECTION 4. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2009. |
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