By: Hinojosa S.B. No. 1287
(In the Senate - Filed March 11, 2015; March 18, 2015, read
first time and referred to Committee on Criminal Justice;
April 13, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 13, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1287 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of forensic analysts and
the administration of the Texas Forensic Science Commission;
authorizing fees; requiring an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(a), Article 38.01, Code of Criminal
Procedure, is amended to read as follows:
(a) The commission is composed of nine members appointed by
the governor as follows:
(1) two members who must have expertise in the field of
forensic science;
(2) one member who must be a prosecuting attorney that
the governor selects from a list of 10 names submitted by the Texas
District and County Attorneys Association;
(3) one member who must be a defense attorney that the
governor selects from a list of 10 names submitted by the Texas
Criminal Defense Lawyers Association;
(4) one member who must be a faculty member or staff
member of The University of Texas who specializes in clinical
laboratory medicine that the governor selects from a list of five
[10] names submitted by the chancellor of The University of Texas
System;
(5) one member who must be a faculty member or staff
member of Texas A&M University who specializes in clinical
laboratory medicine that the governor selects from a list of five
[10] names submitted by the chancellor of The Texas A&M University
System;
(6) one member who must be a faculty member or staff
member of Texas Southern University that the governor selects from
a list of five [10] names submitted by the chancellor of Texas
Southern University;
(7) one member who must be a director or division head
of the University of North Texas Health Science Center at Fort Worth
Missing Persons DNA Database; and
(8) one member who must be a faculty or staff member of
the Sam Houston State University College of Criminal Justice and
have expertise in the field of forensic science or statistical
analyses that the governor selects from a list of five [10] names
submitted by the chancellor of the Texas State University System.
SECTION 2. Article 38.01, Code of Criminal Procedure, is
amended by adding Sections 3-a, 4-a, 4-b, and 4-c to read as
follows:
Sec. 3-a. RULES. The commission shall adopt rules
necessary to implement this article.
Sec. 4-a. FORENSIC ANALYST LICENSING.
(a) Notwithstanding Section 2, in this section:
(1) "Forensic analysis" has the meaning assigned by
Article 38.35.
(2) "Forensic analyst" means a person who on behalf of
a crime laboratory accredited by the Department of Public Safety
under Section 411.0205, Government Code, technically reviews or
performs a forensic analysis or draws conclusions from or
interprets a forensic analysis for a court or crime laboratory. The
term does not include a medical examiner or other forensic
pathologist who is a licensed physician.
(b) A person may not act or offer to act as a forensic
analyst unless the person holds a forensic analyst license. The
commission by rule may establish classifications of forensic
analyst licenses if the commission determines that it is necessary
to ensure the availability of properly trained and qualified
forensic analysts to perform activities regulated by the
commission.
(c) The commission by rule may establish voluntary
licensing programs for forensic disciplines that are not subject to
accreditation by the Department of Public Safety under Section
411.0205, Government Code.
(d) The commission by rule shall:
(1) establish the qualifications for a license that
include:
(A) successful completion of the education
requirements established by the commission;
(B) specific course work and experience,
including instruction in courtroom testimony and ethics in a crime
laboratory;
(C) successful completion of an examination
required or recognized by the commission; and
(D) successful completion of proficiency testing
to the extent required for crime laboratory accreditation;
(2) set fees for the issuance and renewal of a license;
and
(3) establish the term of a forensic analyst license.
(e) The commission by rule may recognize a certification
issued by a national organization in an accredited field of
forensic science as satisfying the requirements established under
Subsection (d)(1)(C) to the extent the commission determines the
content required to receive the certification is substantially
equivalent to the content of the requirements under that
subsection.
(f) The commission shall issue a license to an applicant
who:
(1) submits an application on a form prescribed by the
commission;
(2) meets the qualifications established by
commission rule; and
(3) pays the required fee.
Sec. 4-b. ADVISORY COMMITTEE. (a) The commission shall
establish an advisory committee to advise the commission and make
recommendations on matters related to the licensing of forensic
analysts under Section 4-a.
(b) The advisory committee consists of nine members as
follows:
(1) one prosecuting attorney recommended by the Texas
District and County Attorneys Association;
(2) one defense attorney recommended by the Texas
Criminal Defense Lawyers Association; and
(3) seven members who are forensic scientists, crime
laboratory directors, or crime laboratory quality managers,
selected by the commission from a list of 20 names submitted by the
Texas Association of Crime Laboratory Directors.
(c) The commission shall ensure that appointments under
Subsection (b)(3) include representation from municipal, county,
state, and private crime laboratories that are accredited by the
Department of Public Safety under Section 411.0205, Government
Code.
(d) The advisory committee members serve staggered two-year
terms, with the terms of four or five members, as appropriate,
expiring on August 31 of each year. An advisory committee member
may not serve more than two consecutive terms. A vacancy on the
advisory committee is filled by appointing a member in the same
manner as the original appointment to serve for the unexpired
portion of the term.
(e) The advisory committee shall elect a presiding officer
from among its members to serve a one-year term. A member may serve
more than one term as presiding officer.
(f) The advisory committee shall meet annually and at the
call of the presiding officer or the commission.
(g) An advisory committee member is not entitled to
compensation. A member is entitled to reimbursement for actual and
necessary expenses incurred in performing duties as a member of the
advisory committee subject to the General Appropriations Act.
(h) Chapter 2110, Government Code, does not apply to the
advisory committee.
Sec. 4-c. DISCIPLINARY ACTION. (a) On a determination by
the commission that a license holder has committed professional
misconduct under this article or violated this article or a rule or
order of the commission under this article, the commission may:
(1) revoke or suspend the person's license;
(2) refuse to renew the person's license; or
(3) reprimand the license holder.
(b) The commission may place on probation a person whose
license is suspended. If a license suspension is probated, the
commission may require the license holder to:
(1) report regularly to the commission on matters that
are the basis of the probation; or
(2) continue or review continuing professional
education until the license holder attains a degree of skill
satisfactory to the commission in those areas that are the basis of
the probation.
(c) Disciplinary proceedings of the commission are governed
by Chapter 2001, Government Code.
SECTION 3. Section 9, Article 38.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 9. ADMINISTRATIVE ATTACHMENT TO DEPARTMENT OF PUBLIC
SAFETY [SAM HOUSTON STATE UNIVERSITY]. (a) The commission is
administratively attached to the Department of Public Safety [Sam
Houston State University].
(b) The Department of Public Safety [Board of Regents of the
Texas State University System] shall provide administrative
support to the commission as necessary to carry out the purposes of
this article.
(c) Only the commission may exercise the duties of the
commission under this article. Except as provided by Subsection
(b), the Department of Public Safety [neither the Board of Regents
of the Texas State University System nor Sam Houston State
University] has no [any] authority or responsibility with respect
to the duties of the commission under this article.
SECTION 4. Not later than January 1, 2016, the Texas
Forensic Science Commission shall appoint the members of the
advisory committee in accordance with Section 4-b, Article 38.01,
Code of Criminal Procedure, as added by this Act. In making the
appointments, the commission shall designate:
(1) four members to serve terms expiring August 31,
2016; and
(2) five members to serve terms expiring August 31,
2017.
SECTION 5. Not later than January 1, 2017, the Texas
Forensic Science Commission shall make recommendations to the
legislature regarding suggested changes to the licensing of
forensic analysts as established by this Act, including
recommendations regarding the issuance of licenses to individuals
practicing as forensic analysts on the effective date of this Act.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2015.
(b) Section 4-a(b), Article 38.01, Code of Criminal
Procedure, as added by this Act, takes effect January 1, 2019.
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