Texas 2011 - 82nd Regular

Texas House Bill HB3383 Compare Versions

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1	1	82R22242 NAJ-D
2	2	By: Madden H.B. No. 3383
3	3	Substitute the following for H.B. No. 3383:
4	4	By: Driver C.S.H.B. No. 3383
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to private DNA laboratories performing forensic analyses
10	10	on samples or specimens related to the investigation or prosecution
11	11	of certain criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter G, Chapter 411,
14	14	Government Code, is amended to read as follows:
15	15	SUBCHAPTER G. DNA [DATABASE SYSTEM]
16	16	SECTION 2. Subchapter G, Chapter 411, Government Code, is
17	17	amended by adding Sections 411.155 and 411.156 to read as follows:
18	18	Sec. 411.155. FORENSIC ANALYSES PERFORMED BY PRIVATE DNA
19	19	LABORATORIES: CERTAIN OFFENSES AGAINST PROPERTY. (a) This
20	20	section applies only to a sample or specimen related to the
21	21	investigation or prosecution of an offense under Chapter 28, 29,
22	22	30, or 31, Penal Code.
23	23	(b) A law enforcement agency may submit a sample or specimen
24	24	described by Subsection (a) to a private DNA laboratory for
25	25	forensic analysis if:
26	26	(1) the private DNA laboratory is accredited by:
27	27	(A) the department; and
28	28	(B) the American Society of Crime Laboratory
29	29	Directors, Forensic Quality Services International, or any other
30	30	nonprofit professional association of persons actively involved in
31	31	forensic science that is nationally recognized within the forensic
32	32	science community; and
33	33	(2) the law enforcement agency pays all costs of the
34	34	analysis.
35	35	Sec. 411.156. QUALITY ASSURANCE REVIEW FOR FORENSIC
36	36	ANALYSES PERFORMED BY PRIVATE DNA LABORATORIES. (a) In this
37	37	section, "analyst" means a person employed at a DNA laboratory who
38	38	is qualified to perform some or all aspects of a forensic DNA
39	39	analysis on a sample or specimen derived from a human body, physical
40	40	evidence, or a crime scene.
41	41	(b) Subject to Subsection (c), with respect to forensic
42	42	analyses performed by a private DNA laboratory under Section
43	43	411.155, a public DNA laboratory that services the geographic area
44	44	where the law enforcement agency is located shall perform the
45	45	quality assurance reviews required by the Federal Bureau of
46	46	Investigation (FBI).
47	47	(c) If the public DNA laboratory does not have the personnel
48	48	capacity to perform the necessary quality assurance reviews and if
49	49	FBI regulations allow contractors to be used for that purpose, the
50	50	public DNA laboratory shall use contractors to perform the quality
51	51	assurance reviews required by the FBI. The law enforcement agency
52	52	requesting the DNA testing shall pay the cost of the quality
53	53	assurance reviews.
54	54	(d) If FBI regulations do not allow contractors to be used
55	55	as described by Subsection (c) or if contractors are not available
56	56	for that purpose, the public DNA laboratory shall enter into a
57	57	barter agreement with the private DNA laboratory to enable
58	58	personnel at the public DNA laboratory to perform the necessary
59	59	quality assurance reviews. Under the barter agreement, the private
60	60	DNA laboratory shall perform forensic DNA analyses for the public
61	61	DNA laboratory in relation to the investigation or prosecution of a
62	62	variety of offenses:
63	63	(1) at no cost to the public DNA laboratory; and
64	64	(2) in a volume necessary to enable the public DNA
65	65	laboratory to perform all quality assurance reviews made necessary
66	66	by this section.
67	67	(e) The barter agreement required by Subsection (d) must be
68	68	calculated based on the following assumptions:
69	69	(1) unless the analyst has other testing-related
70	70	duties, an analyst employed at the public DNA laboratory is able to
71	71	perform quality assurance reviews each week on 50 samples or
72	72	specimens analyzed by the private DNA laboratory;
73	73	(2) the public DNA laboratory is not required to
74	74	perform a quality assurance review on a sample or specimen that
75	75	fails to generate a DNA profile meeting the requirements necessary
76	76	for uploading the sample or specimen to the CODIS database;
77	77	(3) the private DNA laboratory must agree to perform a
78	78	set amount of forensic analyses, as calculated under Subsection
79	79	(f), for the public DNA laboratory at no charge not later than the
80	80	60th day after the date the private DNA laboratory receives the
81	81	samples or specimens;
82	82	(4) subject to Subdivision (2), the public DNA
83	83	laboratory must perform a quality assurance review on each of the
84	84	forensic analyses performed by the private DNA laboratory under
85	85	Subdivision (3); and
86	86	(5) the public DNA laboratory must send the private
87	87	DNA laboratory different types or categories of samples or
88	88	specimens, such as a category relating to unscreened sexual assault
89	89	evidence collection kits, in a proportion equal to the different
90	90	types or categories of samples and specimens received for purposes
91	91	of analysis by the public DNA laboratory during the 12-month period
92	92	preceding the date of the agreement.
93	93	(f) The set amount of forensic analyses performed at no
94	94	charge by a private DNA laboratory under Subsection (e)(3) as part
95	95	of the barter agreement is equal to the total number of samples or
96	96	specimens submitted to the public DNA laboratory for quality
97	97	assurance review, divided by 50, which then must be multiplied by
98	98	the total number of samples or specimens for which the public DNA
99	99	laboratory has performed forensic analyses during the 12-month
100	100	period preceding the date of the agreement, divided by the number of
101	101	analysts employed at the public DNA laboratory during that period,
102	102	and further divided by 52. The amount must be rounded to the
103	103	nearest whole number.
104	104	(g) The public DNA laboratory is entitled to retain any
105	105	costs saved as a result of the barter agreement and shall use the
106	106	savings, if any, to expedite forensic analyses of samples or
107	107	specimens related to violent offenses.
108	108	SECTION 3. This Act takes effect September 1, 2011.