BILL ANALYSIS Senate Research Center S.B. 1372 89R14039 AJZ-D By: Hinojosa, Juan "Chuy" Criminal Justice 4/3/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Following the passage of S.B. 991, the Texas Department of Public Safety was charged with establishing a central laboratory portal to process requests for records and transmit them among the appropriate parties, like labs, prosecutors, and defense attorneys. However, there is a current legal conflict in statute. Under Section 411.164 of the Government Code (which creates the portal), a defendant or their attorney is permitted to access and use the portal. Meanwhile, in Article 39.14 (Discovery), Code of Criminal Procedure, a pro se defendant may only inspect and review materials when ordered by the court but is not entitled to electronic duplication. This discrepancy has caused confusion regarding proper access protocols. S.B. 1372 resolves this statutory inconsistency by allowing the defendant's attorney to access the crime laboratory portal to request any crime laboratory records and aligns this section with the obligations and intent of Article 39.14. As proposed, S.B. 1372 amends current law relating to access to the crime laboratory portal. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 411.164, Government Code, as follows: Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY PORTAL. Requires the attorney representing the state in a criminal action, in accordance with Department of Public Safety of the State of Texas rule, to designate the defendant's attorney, rather than the defendant or the defendant's attorney as appropriate, as an individual who is authorized to access and use the crime laboratory portal under Section 411.162 (Crime Laboratory Portal) to request any crime laboratory records that are subject to discovery under Article 39.14 (Discovery), Code of Criminal Procedure. SECTION 2. Make application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1372
89R14039 AJZ-D By: Hinojosa, Juan "Chuy"
Criminal Justice
4/3/2025
As Filed
Senate Research Center
S.B. 1372
89R14039 AJZ-D
By: Hinojosa, Juan "Chuy"
Criminal Justice
4/3/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Following the passage of S.B. 991, the Texas Department of Public Safety was charged with establishing a central laboratory portal to process requests for records and transmit them among the appropriate parties, like labs, prosecutors, and defense attorneys.
However, there is a current legal conflict in statute. Under Section 411.164 of the Government Code (which creates the portal), a defendant or their attorney is permitted to access and use the portal. Meanwhile, in Article 39.14 (Discovery), Code of Criminal Procedure, a pro se defendant may only inspect and review materials when ordered by the court but is not entitled to electronic duplication. This discrepancy has caused confusion regarding proper access protocols.
S.B. 1372 resolves this statutory inconsistency by allowing the defendant's attorney to access the crime laboratory portal to request any crime laboratory records and aligns this section with the obligations and intent of Article 39.14.
As proposed, S.B. 1372 amends current law relating to access to the crime laboratory portal.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 411.164, Government Code, as follows:
Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY PORTAL. Requires the attorney representing the state in a criminal action, in accordance with Department of Public Safety of the State of Texas rule, to designate the defendant's attorney, rather than the defendant or the defendant's attorney as appropriate, as an individual who is authorized to access and use the crime laboratory portal under Section 411.162 (Crime Laboratory Portal) to request any crime laboratory records that are subject to discovery under Article 39.14 (Discovery), Code of Criminal Procedure.
SECTION 2. Make application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.