88R4742 AJZ-D
By: Hinojosa S.B. No. 991
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a crime laboratory portal by the
Department of Public Safety of the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter G-1 to read as follows:
SUBCHAPTER G-1. CRIME LABORATORY PORTAL
Sec. 411.161. DEFINITIONS. In this subchapter, "crime
laboratory," "criminal action," and "forensic analysis" have the
meanings assigned by Article 38.35, Code of Criminal Procedure.
Sec. 411.162. CRIME LABORATORY PORTAL. The department by
rule shall establish and maintain a central computerized portal
that facilitates the process for requesting crime laboratory
records and for transferring those records among crime
laboratories, attorneys representing the state, and parties
authorized to access the records as a part of discovery under
Article 39.14, Code of Criminal Procedure. The portal may not be
used as a central repository for crime laboratory records.
Sec. 411.163. MANDATORY CRIME LABORATORY PARTICIPATION;
DISCIPLINARY ACTION. (a) A crime laboratory that performs a
forensic analysis for use in a criminal action shall participate,
in accordance with department rule, in the transfer of crime
laboratory records using the crime laboratory portal established
under Section 411.162.
(b) A crime laboratory that violates Subsection (a) is
subject to disciplinary action by the Texas Forensic Science
Commission in the same manner as if the laboratory had otherwise
violated accreditation standards under Article 38.01, Code of
Criminal Procedure.
Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY
PORTAL. The attorney representing the state in a criminal action
shall ensure that the defendant or the defendant's attorney, as
appropriate, is able to access and use the crime laboratory portal
under Section 411.162 to request any crime laboratory records that
are subject to discovery under Article 39.14, Code of Criminal
Procedure.
SECTION 2. This Act takes effect September 1, 2023.