82R217 CJC-D
By: Hinojosa S.B. No. 1419
A BILL TO BE ENTITLED
AN ACT
relating to the establishment by the Texas Forensic Science
Commission of a DNA laboratory audit program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 38.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. DEFINITIONS [DEFINITION]. In this article:
(1) "DNA laboratory," "DNA record," and "DNA sample"
have the meanings assigned by Section 411.141, Government Code.
(2) "Forensic[, "forensic] analysis" has the meaning
assigned by Article 38.35(a).
SECTION 2. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 4A to read as follows:
Sec. 4A. DNA LABORATORY AUDIT PROGRAM. (a) The commission
shall establish a DNA laboratory audit program to conduct periodic
unannounced audits of DNA laboratories in this state.
(b) The program established under Subsection (a) must
include:
(1) an on-site review by experienced forensic DNA
analysts of 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; and
(2) in circumstances determined by the commission by
rule, an off-site retrospective reexamination of one or more DNA
samples analyzed by the laboratory.
(c) The commission 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) If the report described by Subsection (c) requires a DNA
laboratory to take corrective action, the commission shall:
(1) not earlier than the 30th day after the date the
report is provided to the laboratory under Subsection (c), perform
a subsequent evaluation of the laboratory to review the
laboratory's implementation of any required corrective action; and
(2) prepare a written report of the findings of the
evaluation.
(e) The commission shall make all reports completed under
Subsections (c) and (d) available to the public. If the commission
requires a DNA laboratory to take corrective action under
Subsection (c), the commission may not make the report summarizing
the initial audit available to the public until the commission
makes available to the public the subsequent report completed under
Subsection (d).
(f) The commission promptly shall submit to the public
safety director of the Department of Public Safety any report
completed under Subsection (c) or (d) that relates to a DNA
laboratory that is accredited or seeking accreditation by the
department.
(g) 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.
(h) A report completed under Subsection (c) or (d), in a
subsequent civil or criminal proceeding, is not prima facie
evidence of the information or findings contained in the report.
(i) The commission shall adopt rules to implement this
section.
SECTION 3. Section 7, Article 38.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 7. SUBMISSION. The commission shall submit any report
received under Section 4(a)(2) and any report prepared under
Section 4(b)(1) or Section 4A(c) or (d) to the governor, the
lieutenant governor, and the speaker of the house of
representatives not later than December 1 of each even-numbered
year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.