83R6066 GCB-D
By: Carona S.B. No. 694
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Forensic Science Commission
to conduct investigations of forensic analyses conducted in
connection with a civil proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 4A to read as follows:
Sec. 4A. PERMISSIVE INVESTIGATION IN CIVIL PROCEEDINGS.
(a) Notwithstanding Section 2 of this article, for purposes of this
section, "forensic analysis" means a medical, chemical,
toxicologic, ballistic, or other expert examination or test
performed for use in any civil proceeding.
(b) The commission may investigate an allegation of
professional negligence or misconduct alleged by any person to have
been committed by a laboratory, facility, or entity that conducts
forensic analyses in preparation for a civil proceeding, including
a proceeding under Title 1 or 5, Family Code, regardless of whether
that laboratory, facility, or entity is accredited under Section
411.0205, Government Code, if the commission determines that:
(1) the alleged professional negligence or misconduct
would substantially affect the integrity of the results of a
forensic analysis; and
(2) the investigation is in the best interests of
advancing forensic science in this state.
(c) If the commission conducts an investigation under this
section, the commission shall prepare a report that satisfies the
requirements for a report prepared under Section 4(b)(1).
SECTION 2. 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 4A(c) 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 3. 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, 2013.