Texas 2011 - 82nd Regular

Texas Senate Bill SB1658 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hinojosa S.B. No. 1658
2	2	(Hunter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of and investigations conducted by the Texas
8	8	Forensic Science Commission, the administrative attachment of the
9	9	Texas Forensic Science Commission to Sam Houston State University,
10	10	and the accreditation of criminal laboratories by the Department of
11	11	Public Safety of the State of Texas.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2, Article 38.01, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	Sec. 2. DEFINITIONS [DEFINITION]. In this article:
16	16	(1) "Accredited field of forensic science" means a
17	17	specific forensic method or methodology validated or approved by
18	18	the public safety director of the Department of Public Safety under
19	19	Section 411.0205(b-1)(2), Government Code, as part of the
20	20	accreditation process for crime laboratories established by rule
21	21	under Section 411.0205(b) of that code.
22	22	(2) "Commission" means the Texas Forensic Science
23	23	Commission.
24	24	(3) "Crime laboratory" has the meaning assigned by
25	25	Article 38.35.
26	26	(4) "Forensic analysis" means a medical, chemical,
27	27	toxicologic, ballistic, or other expert examination or test
28	28	performed on physical evidence, including DNA evidence, for the
29	29	purpose of determining the connection of the evidence to a criminal
30	30	action[, "forensic analysis" has the meaning assigned by Article
31	31	38.35(a)].
32	32	SECTION 2. Subsections (a) and (b), Section 3, Article
33	33	38.01, Code of Criminal Procedure, are amended to read as follows:
34	34	(a) The commission is composed of the following seven [nine]
35	35	members[:
36	36	[(1) four members] appointed by the governor:
37	37	(1) five who [(A) two of whom] must have expertise in
38	38	the field of forensic science;
39	39	(2) [(B)] one who [of whom] must be a prosecuting
40	40	attorney that the governor selects from a list of 10 names submitted
41	41	by the Texas District and County Attorneys Association; and
42	42	(3) [(C)] one who [of whom] must be a defense attorney
43	43	that the governor selects from a list of 10 names submitted by the
44	44	Texas Criminal Defense Lawyers Association[;
45	45	[(2) three members appointed by the lieutenant
46	46	governor:
47	47	[(A) one of whom must be a faculty member or staff
48	48	member of The University of Texas who specializes in clinical
49	49	laboratory medicine selected from a list of 10 names submitted to
50	50	the lieutenant governor by the chancellor of The University of
51	51	Texas System;
52	52	[(B) one of whom must be a faculty member or staff
53	53	member of Texas A&M University who specializes in clinical
54	54	laboratory medicine selected from a list of 10 names submitted to
55	55	the lieutenant governor by the chancellor of The Texas A&M
56	56	University System;
57	57	[(C) one of whom must be a faculty member or staff
58	58	member of Texas Southern University who has expertise in
59	59	pharmaceutical laboratory research selected from a list of 10 names
60	60	submitted to the lieutenant governor by the chancellor of Texas
61	61	Southern University; and
62	62	[(3) two members appointed by the attorney general:
63	63	[(A) one of whom must be a director or division
64	64	head of the University of North Texas Health Science Center at Fort
65	65	Worth Missing Persons DNA Database; and
66	66	[(B) one of whom must be a faculty or staff member
67	67	of the Sam Houston State University College of Criminal Justice and
68	68	have expertise in the field of forensic science or statistical
69	69	analyses selected from a list of 10 names submitted to the
70	70	lieutenant governor by the chancellor of Texas State University
71	71	System].
72	72	(b) Each member of the commission serves a two-year term.
73	73	The terms [term] of the members appointed under Subsection
74	74	[Subsections] (a)(1) expire [and (2) expires] on September 1 of
75	75	each even-numbered [odd-numbered] year. The terms [term] of the
76	76	members appointed under Subsections (a)(2) and [Subsection] (a)(3)
77	77	expire [expires] on September 1 of each odd-numbered
78	78	[even-numbered] year.
79	79	SECTION 3. Section 4, Article 38.01, Code of Criminal
80	80	Procedure, is amended by amending Subsections (a), (b), (d), and
81	81	(e) and adding Subsections (a-1), (b-1), (b-2), (f), and (g) to read
82	82	as follows:
83	83	(a) The commission shall:
84	84	(1) develop and implement a reporting system through
85	85	which a crime laboratory may [accredited laboratories, facilities,
86	86	or entities] report professional negligence or misconduct;
87	87	(2) require a crime laboratory [all laboratories,
88	88	facilities, or entities] that conducts [conduct] forensic analyses
89	89	to report professional negligence or misconduct to the commission;
90	90	and
91	91	(3) investigate, in a timely manner, any allegation of
92	92	professional negligence or professional misconduct that would
93	93	substantially affect the integrity of the results of a forensic
94	94	analysis conducted by a crime laboratory [an accredited laboratory,
95	95	facility, or entity].
96	96	(a-1) The commission may initiate for educational purposes
97	97	an investigation of a forensic analysis without a report containing
98	98	an allegation of professional negligence or professional
99	99	misconduct involving the forensic analysis conducted if the
100	100	commission determines by a majority vote of the members of the
101	101	commission that an investigation of the forensic analysis would
102	102	advance the integrity and reliability of forensic science in this
103	103	state.
104	104	(b) If the commission conducts an [An] investigation under
105	105	Subsection (a)(3) of a crime laboratory that is accredited by the
106	106	Department of Public Safety under Section 411.0205, Government
107	107	Code, pursuant to an allegation of professional negligence or
108	108	professional misconduct involving an accredited field of forensic
109	109	science, the investigation:
110	110	(1) must include the preparation of a written report
111	111	that identifies and also describes the methods and procedures used
112	112	to identify:
113	113	(A) the alleged negligence or misconduct;
114	114	(B) whether negligence or misconduct occurred;
115	115	[and]
116	116	(C) any corrective action required of the
117	117	laboratory, facility, or entity;
118	118	(D) observations of the commission regarding the
119	119	integrity and reliability of the forensic analysis conducted;
120	120	(E) best practices identified by the commission
121	121	during the course of the investigation; and
122	122	(F) other recommendations that are relevant, as
123	123	determined by the commission; and
124	124	(2) may include one or more:
125	125	(A) retrospective reexaminations of other
126	126	forensic analyses conducted by the laboratory, facility, or entity
127	127	that may involve the same kind of negligence or misconduct; and
128	128	(B) follow-up evaluations of the laboratory,
129	129	facility, or entity to review:
130	130	(i) the implementation of any corrective
131	131	action required under Subdivision (1)(C); or
132	132	(ii) the conclusion of any retrospective
133	133	reexamination under Paragraph (A).
134	134	(b-1) If the commission conducts an investigation under
135	135	Subsection (a)(3) of a crime laboratory that is not accredited by
136	136	the Department of Public Safety under Section 411.0205, Government
137	137	Code, or the investigation is conducted pursuant to an allegation
138	138	involving a forensic method or methodology that is not an
139	139	accredited field of forensic science, the investigation may include
140	140	the preparation of a written report that contains:
141	141	(1) observations of the commission regarding the
142	142	integrity and reliability of the forensic analysis conducted;
143	143	(2) best practices identified by the commission during
144	144	the course of the investigation; and
145	145	(3) other recommendations that are relevant, as
146	146	determined by the commission.
147	147	(b-2) If the commission conducts an investigation of a
148	148	forensic analysis under Subsection (a-1), the investigation must
149	149	include the preparation of a written report that contains:
150	150	(1) observations of the commission regarding the
151	151	integrity and reliability of the forensic analysis conducted;
152	152	(2) best practices identified by the commission during
153	153	the course of the investigation; and
154	154	(3) other recommendations that are relevant, as
155	155	determined by the commission.
156	156	(d) The commission may require that a crime laboratory[,
157	157	facility, or entity] investigated under this section pay any costs
158	158	incurred to ensure compliance with Subsection (b), (b-1), or (b-2)
159	159	[Subsection (b)(1)].
160	160	(e) The commission shall make all investigation reports
161	161	completed under Subsection (b), (b-1), or (b-2) [(b)(1)] available
162	162	to the public. A report completed under Subsection (b), (b-1), or
163	163	(b-2) [(b)(1)], in a subsequent civil or criminal proceeding, is
164	164	not prima facie evidence of the information or findings contained
165	165	in the report.
166	166	(f) The commission may not make a determination of whether
167	167	professional negligence or professional misconduct occurred or
168	168	issue a finding on that question in an investigation initiated
169	169	under Subsection (a-1) or for which an investigation report may be
170	170	prepared under Subsection (b-1).
171	171	(g) The commission may not issue a finding related to the
172	172	guilt or innocence of a party in an underlying civil or criminal
173	173	trial involving conduct investigated by the commission under this
174	174	article.
175	175	SECTION 4. Article 38.01, Code of Criminal Procedure, is
176	176	amended by adding Sections 8, 9, 10, and 11 to read as follows:
177	177	Sec. 8. ANNUAL REPORT. Not later than December 1 of each
178	178	year, the commission shall prepare and publish a report that
179	179	includes:
180	180	(1) a description of each complaint filed with the
181	181	commission during the preceding 12-month period, the disposition of
182	182	each complaint, and the status of any complaint still pending on
183	183	December 31;
184	184	(2) a description of any specific forensic method or
185	185	methodology the commission recommends to the public safety director
186	186	of the Department of Public Safety for validation or approval under
187	187	Section 411.0205(b-1)(2), Government Code, as part of the
188	188	accreditation process for crime laboratories established by rule
189	189	under Section 411.0205(b) of that code;
190	190	(3) recommendations for best practices concerning the
191	191	definition of "forensic analysis" provided by statute or by rule of
192	192	the Department of Public Safety;
193	193	(4) developments in forensic science made or used in
194	194	other state or federal investigations and the activities of the
195	195	commission, if any, with respect to those developments; and
196	196	(5) other information that is relevant to
197	197	investigations involving forensic science, as determined by the
198	198	presiding officer of the commission.
199	199	Sec. 9. ADMINISTRATIVE ATTACHMENT TO SAM HOUSTON STATE
200	200	UNIVERSITY. (a) The commission is administratively attached to
201	201	Sam Houston State University.
202	202	(b) The Board of Regents, Texas State University System,
203	203	shall provide administrative support to the commission as necessary
204	204	to carry out the purposes of this article.
205	205	(c) Only the commission may exercise the duties of the
206	206	commission under this article. Except as provided by Subsection
207	207	(b), neither the Board of Regents, Texas State University System,
208	208	nor Sam Houston State University has any authority or
209	209	responsibility with respect to the duties of the commission under
210	210	this article.
211	211	Sec. 10. OPEN RECORDS LIMITATION. Information that is
212	212	filed as part of an allegation of professional misconduct or
213	213	professional negligence or that is obtained during an investigation
214	214	of an allegation of professional misconduct or professional
215	215	negligence is not subject to release under Chapter 552, Government
216	216	Code, until the conclusion of an investigation by the commission
217	217	under Section 4.
218	218	Sec. 11. REPORT INADMISSIBLE AS EVIDENCE. A written report
219	219	prepared by the commission under this article is not admissible in a
220	220	civil or criminal action.
221	221	SECTION 5. Section 411.0205, Government Code, is amended by
222	222	adding Subsection (b-3) to read as follows:
223	223	(b-3) The director shall require that a laboratory,
224	224	facility, or entity that must be accredited under this section, as
225	225	part of the accreditation process, agree to consent to any request
226	226	for cooperation by the Texas Forensic Science Commission that is
227	227	made as part of the exercise of the commission's duties under
228	228	Article 38.01, Code of Criminal Procedure.
229	229	SECTION 6. (a) Notwithstanding any other law, the terms of
230	230	the members of the Texas Forensic Science Commission appointed
231	231	under Subsections (a)(1)(A), (a)(2), and (a)(3), Section 3, Article
232	232	38.01, Code of Criminal Procedure, and serving on the effective
233	233	date of this Act expire on the date the last appointment to the
234	234	commission is made under Subsection (b) of this section.
235	235	(b) Not later than January 1, 2012, the governor shall
236	236	appoint five members of the Texas Forensic Science Commission, as
237	237	required by Subsection (a)(1), Section 3, Article 38.01, Code of
238	238	Criminal Procedure, as amended by this Act.
239	239	SECTION 7. Not later than December 1, 2012, the Texas
240	240	Forensic Science Commission shall submit the first annual report
241	241	required by Section 8, Article 38.01, Code of Criminal Procedure,
242	242	as added by this Act.
243	243	SECTION 8. This Act takes effect immediately if it receives
244	244	a vote of two-thirds of all the members elected to each house, as
245	245	provided by Section 39, Article III, Texas Constitution. If this
246	246	Act does not receive the vote necessary for immediate effect, this
247	247	Act takes effect September 1, 2011.