Texas 2021 - 87th Regular

Texas Senate Bill SB470 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5921 AJZ-D
2	2	By: Hinojosa S.B. No. 470
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of individuals and entities that conduct
8	8	forensic analyses, examinations, and tests.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2, Article 38.01, Code of Criminal
11	11	Procedure, is amended by adding Subdivision (4-a) to read as
12	12	follows:
13	13	(4-a) "Forensic examination or test not subject to
14	14	accreditation" means an examination or test described by Article
15	15	38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
16	16	SECTION 2. Article 38.01, Code of Criminal Procedure, is
17	17	amended by adding Section 3-b to read as follows:
18	18	Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The
19	19	commission shall adopt a code of professional responsibility to
20	20	regulate the conduct of persons, laboratories, facilities, and
21	21	other entities regulated under this article.
22	22	(b) The commission shall publish the code of professional
23	23	responsibility adopted under Subsection (a).
24	24	(c) The commission shall adopt rules establishing sanctions
25	25	for code violations.
26	26	(d) The commission shall update the code of professional
27	27	responsibility as necessary to reflect changes in science,
28	28	technology, or other factors affecting the persons, laboratories,
29	29	facilities, and other entities regulated under this article.
30	30	SECTION 3. Sections 4(a), (a-1), (b-1), and (c), Article
31	31	38.01, Code of Criminal Procedure, are amended to read as follows:
32	32	(a) The commission shall:
33	33	(1) develop and implement a reporting system through
34	34	which a crime laboratory may report professional negligence or
35	35	professional misconduct;
36	36	(2) require a crime laboratory that conducts forensic
37	37	analyses to report professional negligence or professional
38	38	misconduct to the commission; and
39	39	(3) investigate, in a timely manner, any allegation of
40	40	professional negligence or professional misconduct that would
41	41	substantially affect the integrity of:
42	42	(A) the results of a forensic analysis conducted
43	43	by a crime laboratory;
44	44	(B) an examination or test that is conducted by a
45	45	crime laboratory and that is a forensic examination or test not
46	46	subject to accreditation; or
47	47	(C) testimony related to an analysis,
48	48	examination, or test described by Paragraph (A) or (B).
49	49	(a-1) The commission may initiate [for educational
50	50	purposes] an investigation of a forensic analysis or a forensic
51	51	examination or test not subject to accreditation, without receiving
52	52	a complaint[,] submitted through the reporting system implemented
53	53	under Subsection (a)(1), [that contains an allegation of
54	54	professional negligence or professional misconduct involving the
55	55	forensic analysis conducted] if the commission determines by a
56	56	majority vote of a quorum of the members of the commission that an
57	57	investigation of the [forensic] analysis, examination, or test
58	58	would advance the integrity and reliability of forensic science in
59	59	this state.
60	60	(b-1) If the commission conducts an investigation under
61	61	Subsection (a)(3) of a crime laboratory that is not accredited
62	62	under this article or the investigation involves a forensic
63	63	examination or test not subject to accreditation [is conducted
64	64	pursuant to an allegation involving a forensic method or
65	65	methodology that is not an accredited field of forensic science],
66	66	the investigation may include the preparation of a written report
67	67	that contains:
68	68	(1) observations of the commission regarding the
69	69	integrity and reliability of the applicable [forensic] analysis,
70	70	examination, or test conducted;
71	71	(2) best practices identified by the commission during
72	72	the course of the investigation; or
73	73	(3) other recommendations that are relevant, as
74	74	determined by the commission.
75	75	(c) The commission by contract may delegate the duties
76	76	described by Subsections (a)(1) and (3) and Sections 4-d(b)(1),
77	77	(b-1), and (d) to any person the commission determines to be
78	78	qualified to assume those duties.
79	79	SECTION 4. Sections 4-a(c) and (d), Article 38.01, Code of
80	80	Criminal Procedure, are amended to read as follows:
81	81	(c) The commission by rule may establish voluntary
82	82	licensing programs for forensic examinations or tests [disciplines
83	83	that are] not subject to accreditation [under this article].
84	84	(d) The commission by rule shall:
85	85	(1) establish the qualifications for a license that
86	86	include:
87	87	(A) successful completion of the education
88	88	requirements established by the commission;
89	89	(B) specific course work and experience,
90	90	including instruction in courtroom testimony and ethics in a crime
91	91	laboratory;
92	92	(C) successful completion of an examination
93	93	required or recognized by the commission; [and]
94	94	(D) successful completion of proficiency testing
95	95	to the extent required for crime laboratory accreditation; and
96	96	(E) minimum standards for character and fitness,
97	97	including consideration of an applicant's criminal history and any
98	98	other information that may indicate whether the person possesses
99	99	the requisite honesty, trustworthiness, or integrity to be a
100	100	license holder;
101	101	(2) set fees for the issuance and renewal of a license;
102	102	and
103	103	(3) establish the term of a forensic analyst license.
104	104	SECTION 5. Section 4-d(b-1), Article 38.01, Code of
105	105	Criminal Procedure, is amended to read as follows:
106	106	(b-1) As part of the accreditation process established and
107	107	implemented under Subsection (b), the commission may:
108	108	(1) establish minimum standards that relate to the
109	109	timely production of a forensic analysis to the agency requesting
110	110	the analysis and that are consistent with this article and
111	111	applicable laws;
112	112	(2) validate or approve specific forensic methods or
113	113	methodologies; and
114	114	(3) establish procedures, policies, standards, and
115	115	practices to improve the quality of forensic analyses conducted in
116	116	this state.
117	117	SECTION 6. This Act takes effect September 1, 2021.