1 | 1 | | 87R6162 MP-D |
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2 | 2 | | By: Howard H.B. No. 2589 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to crime scene investigation services; authorizing fees. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Article 38.01, Code of Criminal Procedure, is |
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10 | 10 | | amended by adding Section 4-e to read as follows: |
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11 | 11 | | Sec. 4-e. CRIME SCENE INVESTIGATOR CERTIFICATION. (a) The |
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12 | 12 | | commission by rule shall: |
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13 | 13 | | (1) establish the qualifications for a certification |
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14 | 14 | | that include: |
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15 | 15 | | (A) successful completion of the education |
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16 | 16 | | requirements established by the commission; |
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17 | 17 | | (B) specific coursework and experience; and |
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18 | 18 | | (C) successful completion of an examination |
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19 | 19 | | required or recognized by the commission; |
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20 | 20 | | (2) set fees for the issuance and renewal of a |
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21 | 21 | | certification; and |
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22 | 22 | | (3) establish the term of a crime scene investigator |
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23 | 23 | | certification. |
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24 | 24 | | (b) The commission by rule may recognize a certification |
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25 | 25 | | issued by a national organization specializing in crime scene |
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26 | 26 | | investigation as satisfying the requirements established under |
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27 | 27 | | Subsection (a) to the extent the commission determines the content |
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28 | 28 | | required to receive the certification is substantially equivalent |
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29 | 29 | | to the content of the requirements under that subsection. |
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30 | 30 | | (c) The commission shall issue a certification to an |
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31 | 31 | | applicant who: |
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32 | 32 | | (1) submits an application on a form prescribed by the |
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33 | 33 | | commission; |
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34 | 34 | | (2) meets the qualifications established by |
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35 | 35 | | commission rule; and |
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36 | 36 | | (3) pays the required fee. |
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37 | 37 | | SECTION 2. Section 252.022, Local Government Code, is |
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38 | 38 | | amended by adding Subsection (e) to read as follows: |
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39 | 39 | | (e) This chapter does not apply to an expenditure for crime |
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40 | 40 | | scene investigation services conducted by a law enforcement agency, |
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41 | 41 | | crime laboratory, or medical examiner's office if the law |
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42 | 42 | | enforcement agency, crime laboratory, or medical examiner's |
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43 | 43 | | office: |
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44 | 44 | | (1) is accredited under Section 4-d, Article 38.01, |
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45 | 45 | | Code of Criminal Procedure; or |
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46 | 46 | | (2) employs: |
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47 | 47 | | (A) more than 10 crime scene investigators and at |
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48 | 48 | | least 20 percent of the crime scene investigators are certified |
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49 | 49 | | under Section 4-e, Article 38.01, Code of Criminal Procedure; or |
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50 | 50 | | (B) 10 crime scene investigators or fewer and at |
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51 | 51 | | least one of the crime scene investigators is certified under |
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52 | 52 | | Section 4-e, Article 38.01, Code of Criminal Procedure. |
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53 | 53 | | SECTION 3. Subchapter C, Chapter 262, Local Government |
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54 | 54 | | Code, is amended by adding Section 262.0242 to read as follows: |
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55 | 55 | | Sec. 262.0242. MANDATORY EXEMPTION: CRIME SCENE |
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56 | 56 | | INVESTIGATION SERVICES. Section 262.023 does not apply to the |
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57 | 57 | | purchase of crime scene investigation services conducted by a law |
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58 | 58 | | enforcement agency, crime laboratory, or medical examiner's office |
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59 | 59 | | if the law enforcement agency, crime laboratory, or medical |
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60 | 60 | | examiner's office: |
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61 | 61 | | (1) is accredited under Section 4-d, Article 38.01, |
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62 | 62 | | Code of Criminal Procedure; or |
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63 | 63 | | (2) employs: |
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64 | 64 | | (A) more than 10 crime scene investigators and at |
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65 | 65 | | least 20 percent of the crime scene investigators are certified |
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66 | 66 | | under Section 4-e, Article 38.01, Code of Criminal Procedure; or |
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67 | 67 | | (B) 10 crime scene investigators or fewer and at |
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68 | 68 | | least one of the crime scene investigators is certified under |
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69 | 69 | | Section 4-e, Article 38.01, Code of Criminal Procedure. |
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70 | 70 | | SECTION 4. As soon as practicable after the effective date |
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71 | 71 | | of this Act, the Texas Forensic Science Commission shall adopt the |
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72 | 72 | | rules necessary to implement Section 4-e, Article 38.01, Code of |
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73 | 73 | | Criminal Procedure, as added by this Act. |
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74 | 74 | | SECTION 5. This Act takes effect September 1, 2021. |
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