By: Hinojosa S.B. No. 1331
(Nevárez)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of individuals and entities that conduct
forensic analyses, examinations, and tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 38.01, Code of Criminal
Procedure, is amended by adding Subdivision (4-a) to read as
follows:
(4-a) "Forensic examination or test not subject to
accreditation" means an examination or test described by Articles
38.35(a)(4)(A), (B), (C), and (D) that is exempt from
accreditation.
SECTION 2. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 3-b to read as follows:
Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
commission shall adopt a code of professional responsibility to
regulate the conduct of persons, laboratories, facilities, and
other entities regulated under this article.
(b) The commission shall publish the code of professional
responsibility adopted under Subsection (a).
(c) The commission shall adopt rules establishing sanctions
for code violations.
(d) The commission shall update the code of professional
responsibility as necessary to reflect changes in science,
technology, or other factors affecting the persons, laboratories,
facilities, and other entities regulated under this article.
SECTION 3. Sections 4(a), (a-1), (b-1), and (c), Article
38.01, Code of Criminal Procedure, are amended to read as follows:
(a) The commission shall:
(1) develop and implement a reporting system through
which a crime laboratory may report professional negligence or
professional misconduct;
(2) require a crime laboratory that conducts forensic
analyses to report professional negligence or professional
misconduct to the commission; and
(3) investigate, in a timely manner, any allegation of
professional negligence or professional misconduct that would
substantially affect the integrity of:
(A) the results of a forensic analysis conducted
by a crime laboratory;
(B) an examination or test that is conducted by a
crime laboratory and that is a forensic examination or test not
subject to accreditation; or
(C) testimony related to an analysis,
examination, or test described by Paragraph (A) or (B).
(a-1) The commission may initiate [for educational
purposes] an investigation of a forensic analysis or a forensic
examination or test not subject to accreditation, without receiving
a complaint[,] submitted through the reporting system implemented
under Subsection (a)(1), [that contains an allegation of
professional negligence or professional misconduct involving the
forensic analysis conducted] if the commission determines by a
majority vote of a quorum of the members of the commission that an
investigation of the [forensic] analysis, examination, or test
would advance the integrity and reliability of forensic science in
this state.
(b-1) If the commission conducts an investigation under
Subsection (a)(3) of a crime laboratory that is not accredited
under this article or the investigation involves a forensic
examination or test not subject to accreditation [is conducted
pursuant to an allegation involving a forensic method or
methodology that is not an accredited field of forensic science],
the investigation may include the preparation of a written report
that contains:
(1) observations of the commission regarding the
integrity and reliability of the applicable [forensic] analysis,
examination, or test conducted;
(2) best practices identified by the commission during
the course of the investigation; or
(3) other recommendations that are relevant, as
determined by the commission.
(c) The commission by contract may delegate the duties
described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
(b-1), and (d) to any person the commission determines to be
qualified to assume those duties.
SECTION 4. Sections 4-a(c) and (d), Article 38.01, Code of
Criminal Procedure, are amended to read as follows:
(c) The commission by rule may establish voluntary
licensing programs for forensic examinations or tests [disciplines
that are] not subject to accreditation [under this article].
(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; and
(E) minimum standards for character and fitness,
including consideration of an applicant's criminal history and any
other information that may indicate whether the person possesses
the requisite honesty, trustworthiness, or integrity to be a
license holder;
(2) set fees for the issuance and renewal of a license;
and
(3) establish the term of a forensic analyst license.
SECTION 5. Section 4-d(b-1), Article 38.01, Code of
Criminal Procedure, is amended to read as follows:
(b-1) As part of the accreditation process established and
implemented under Subsection (b), the commission may:
(1) establish minimum standards that relate to the
timely production of a forensic analysis to the agency requesting
the analysis and that are consistent with this article and
applicable laws;
(2) validate or approve specific forensic methods or
methodologies; and
(3) establish procedures, policies, standards, and
practices to improve the quality of forensic analyses conducted in
this state.
SECTION 6. This Act takes effect September 1, 2019.