82R4050 NAJ-D
By: Madden H.B. No. 3383
A BILL TO BE ENTITLED
AN ACT
relating to private DNA laboratories performing forensic analyses
on samples or specimens related to the investigation or prosecution
of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter G, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER G. DNA [DATABASE SYSTEM]
SECTION 2. Subchapter G, Chapter 411, Government Code, is
amended by adding Sections 411.155 and 411.156 to read as follows:
Sec. 411.155. FORENSIC ANALYSES PERFORMED BY PRIVATE DNA
LABORATORIES: CERTAIN OFFENSES AGAINST PROPERTY. (a) This
section applies only to a sample or specimen related to the
investigation or prosecution of an offense under Chapter 28, 29,
30, or 31, Penal Code.
(b) A law enforcement agency may submit a sample or specimen
described by Subsection (a) to a private DNA laboratory for
forensic analysis if:
(1) the private DNA laboratory is accredited by:
(A) the department; and
(B) the American Society of Crime Laboratory
Directors, Forensic Quality Services-International, or any other
nonprofit professional association of persons actively involved in
forensic science that is nationally recognized within the forensic
science community; and
(2) the law enforcement agency pays all costs of the
analysis.
Sec. 411.156. QUALITY ASSURANCE REVIEW FOR FORENSIC
ANALYSES PERFORMED BY PRIVATE DNA LABORATORIES. (a) In this
section, "analyst" means a person employed at a DNA laboratory who
is qualified to perform a forensic analysis on a sample or specimen
derived from a human body, physical evidence, or a crime scene.
(b) Subject to Subsection (c), with respect to forensic
analyses performed by a private DNA laboratory under Section
411.155, a public DNA laboratory that services the geographic area
where the private DNA laboratory is located shall perform the
quality assurance reviews required by the FBI.
(c) If the public DNA laboratory does not have adequate
resources to perform the necessary quality assurance reviews, the
public DNA laboratory shall enter into a barter agreement with the
private DNA laboratory with respect to which the quality assurance
reviews must be performed. Under the barter agreement, the private
DNA laboratory shall perform forensic DNA analyses for the public
DNA laboratory in relation to the investigation or prosecution of a
variety of offenses:
(1) at no cost to the public DNA laboratory; and
(2) in a volume necessary to enable the public DNA
laboratory to perform all necessary quality assurance reviews
described by this section.
(d) The barter agreement required by Subsection (c) must
include the following conditions:
(1) an analyst employed at the public DNA laboratory
must perform quality assurance reviews each week on 50 samples or
specimens analyzed by the private DNA laboratory;
(2) the public DNA laboratory is not required to
perform a quality assurance review on a sample or specimen that
fails to generate a DNA profile meeting the requirements necessary
for uploading the sample or specimen to the CODIS database;
(3) the private DNA laboratory must agree to perform a
set amount of forensic analyses, as calculated under Subsection
(e), each week for the public DNA laboratory at no charge;
(4) subject to Subdivision (2), the public DNA
laboratory must perform a quality assurance review on each of the
forensic analyses performed by the private DNA laboratory under
Subdivision (3); and
(5) the private DNA laboratory must perform forensic
analyses on different types or categories of samples or specimens,
such as a category relating to unscreened sexual assault evidence
collection kits, in a proportion equal to the different types or
categories of samples and specimens received for purposes of
analysis by the public DNA laboratory during the 12-month period
preceding the date of the agreement.
(e) The set amount of forensic analyses performed at no
charge each week by a private DNA laboratory under Subsection
(d)(3) is equal to the total number of samples or specimens for
which the public DNA laboratory has performed forensic analyses
during the 12-month period preceding the date of the agreement,
divided by the number of analysts employed at the public DNA
laboratory during that period, and further divided by 52.
(f) The public DNA laboratory is entitled to retain any
costs saved as a result of the barter agreement and shall use the
savings, if any, to expedite forensic analyses of samples or
specimens related to violent offenses.
SECTION 3. This Act takes effect September 1, 2011.