82R22242 NAJ-D
By: Madden H.B. No. 3383
Substitute the following for H.B. No. 3383:
By: Driver C.S.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 some or all aspects of a forensic DNA
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 law enforcement agency is located shall perform the
quality assurance reviews required by the Federal Bureau of
Investigation (FBI).
(c) If the public DNA laboratory does not have the personnel
capacity to perform the necessary quality assurance reviews and if
FBI regulations allow contractors to be used for that purpose, the
public DNA laboratory shall use contractors to perform the quality
assurance reviews required by the FBI. The law enforcement agency
requesting the DNA testing shall pay the cost of the quality
assurance reviews.
(d) If FBI regulations do not allow contractors to be used
as described by Subsection (c) or if contractors are not available
for that purpose, the public DNA laboratory shall enter into a
barter agreement with the private DNA laboratory to enable
personnel at the public DNA laboratory to perform the necessary
quality assurance reviews. 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 quality assurance reviews made necessary
by this section.
(e) The barter agreement required by Subsection (d) must be
calculated based on the following assumptions:
(1) unless the analyst has other testing-related
duties, an analyst employed at the public DNA laboratory is able to
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
(f), for the public DNA laboratory at no charge not later than the
60th day after the date the private DNA laboratory receives the
samples or specimens;
(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 public DNA laboratory must send the private
DNA laboratory 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.
(f) The set amount of forensic analyses performed at no
charge by a private DNA laboratory under Subsection (e)(3) as part
of the barter agreement is equal to the total number of samples or
specimens submitted to the public DNA laboratory for quality
assurance review, divided by 50, which then must be multiplied by
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. The amount must be rounded to the
nearest whole number.
(g) 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.