Texas 2019 - 86th Regular

Texas Senate Bill SB1331 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Hinojosa S.B. No. 1331
2		-	(Nevárez)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the regulation of individuals and entities that conduct
8	7		forensic analyses, examinations, and tests.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 2, Article 38.01, Code of Criminal
11	10		Procedure, is amended by adding Subdivision (4-a) to read as
12	11		follows:
13	12		(4-a) "Forensic examination or test not subject to
14	13		accreditation" means an examination or test described by Articles
15	14		38.35(a)(4)(A), (B), (C), and (D) that is exempt from
16	15		accreditation.
17	16		SECTION 2. Article 38.01, Code of Criminal Procedure, is
18	17		amended by adding Section 3-b to read as follows:
19	18		Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
20	19		commission shall adopt a code of professional responsibility to
21	20		regulate the conduct of persons, laboratories, facilities, and
22	21		other entities regulated under this article.
23	22		(b) The commission shall publish the code of professional
24	23		responsibility adopted under Subsection (a).
25	24		(c) The commission shall adopt rules establishing sanctions
26	25		for code violations.
27	26		(d) The commission shall update the code of professional
28	27		responsibility as necessary to reflect changes in science,
29	28		technology, or other factors affecting the persons, laboratories,
30	29		facilities, and other entities regulated under this article.
31	30		SECTION 3. Sections 4(a), (a-1), (b-1), and (c), Article
32	31		38.01, Code of Criminal Procedure, are amended to read as follows:
33	32		(a) The commission shall:
34	33		(1) develop and implement a reporting system through
35	34		which a crime laboratory may report professional negligence or
36	35		professional misconduct;
37	36		(2) require a crime laboratory that conducts forensic
38	37		analyses to report professional negligence or professional
39	38		misconduct to the commission; and
40	39		(3) investigate, in a timely manner, any allegation of
41	40		professional negligence or professional misconduct that would
42	41		substantially affect the integrity of:
43	42		(A) the results of a forensic analysis conducted
44	43		by a crime laboratory;
45	44		(B) an examination or test that is conducted by a
46	45		crime laboratory and that is a forensic examination or test not
47	46		subject to accreditation; or
48	47		(C) testimony related to an analysis,
49	48		examination, or test described by Paragraph (A) or (B).
50	49		(a-1) The commission may initiate [for educational
51	50		purposes] an investigation of a forensic analysis or a forensic
52	51		examination or test not subject to accreditation, without receiving
53	52		a complaint[,] submitted through the reporting system implemented
54	53		under Subsection (a)(1), [that contains an allegation of
55	54		professional negligence or professional misconduct involving the
56	55		forensic analysis conducted] if the commission determines by a
57	56		majority vote of a quorum of the members of the commission that an
58	57		investigation of the [forensic] analysis, examination, or test
59	58		would advance the integrity and reliability of forensic science in
60	59		this state.
61	60		(b-1) If the commission conducts an investigation under
62	61		Subsection (a)(3) of a crime laboratory that is not accredited
63	62		under this article or the investigation involves a forensic
64	63		examination or test not subject to accreditation [is conducted
65	64		pursuant to an allegation involving a forensic method or
66	65		methodology that is not an accredited field of forensic science],
67	66		the investigation may include the preparation of a written report
68	67		that contains:
69	68		(1) observations of the commission regarding the
70	69		integrity and reliability of the applicable [forensic] analysis,
71	70		examination, or test conducted;
72	71		(2) best practices identified by the commission during
73	72		the course of the investigation; or
74	73		(3) other recommendations that are relevant, as
75	74		determined by the commission.
76	75		(c) The commission by contract may delegate the duties
77	76		described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
78	77		(b-1), and (d) to any person the commission determines to be
79	78		qualified to assume those duties.
80	79		SECTION 4. Sections 4-a(c) and (d), Article 38.01, Code of
81	80		Criminal Procedure, are amended to read as follows:
82	81		(c) The commission by rule may establish voluntary
83	82		licensing programs for forensic examinations or tests [disciplines
84	83		that are] not subject to accreditation [under this article].
85	84		(d) The commission by rule shall:
86	85		(1) establish the qualifications for a license that
87	86		include:
88	87		(A) successful completion of the education
89	88		requirements established by the commission;
90	89		(B) specific course work and experience,
91	90		including instruction in courtroom testimony and ethics in a crime
92	91		laboratory;
93	92		(C) successful completion of an examination
94	93		required or recognized by the commission; [and]
95	94		(D) successful completion of proficiency testing
96	95		to the extent required for crime laboratory accreditation; and
97	96		(E) minimum standards for character and fitness,
98	97		including consideration of an applicant's criminal history and any
99	98		other information that may indicate whether the person possesses
100	99		the requisite honesty, trustworthiness, or integrity to be a
101	100		license holder;
102	101		(2) set fees for the issuance and renewal of a license;
103	102		and
104	103		(3) establish the term of a forensic analyst license.
105	104		SECTION 5. Section 4-d(b-1), Article 38.01, Code of
106	105		Criminal Procedure, is amended to read as follows:
107	106		(b-1) As part of the accreditation process established and
108	107		implemented under Subsection (b), the commission may:
109	108		(1) establish minimum standards that relate to the
110	109		timely production of a forensic analysis to the agency requesting
111	110		the analysis and that are consistent with this article and
112	111		applicable laws;
113	112		(2) validate or approve specific forensic methods or
114	113		methodologies; and
115	114		(3) establish procedures, policies, standards, and
116	115		practices to improve the quality of forensic analyses conducted in
117	116		this state.
118	117		SECTION 6. This Act takes effect September 1, 2019.