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House Bill 1068 |
House Author: Driver |
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Effective: 9-1-05 |
Senate Sponsor: Hinojosa |
House Bill 1068 amends provisions of the Code of Criminal Procedure and the Government Code relating to the creation of the Texas Forensic Science Commission, the collection and forensic analysis of certain evidence, crime laboratory accreditation, and DNA testing and records.
The bill creates the nine-member commission to develop and implement a reporting system through which accredited laboratories, facilities, or entities report professional negligence or misconduct, to require all such entities that conduct forensic analyses to report professional negligence or misconduct to the commission, and to investigate, in a timely manner, certain allegations of professional negligence or misconduct. The bill also sets out provisions relating to commission membership, duties and powers, reimbursement, assistance available to the commission, and submission of certain reports.
House Bill 1068 redefines "forensic analysis" and adds a prosecutor, criminal suspect or defendant, and the court to the list of those who may request a forensic analysis by a crime laboratory of certain evidence. The bill sets out provisions relating to the admissibility of certain evidence and the effect that the accreditation status of a laboratory has on such admissibility.
The bill requires any crime laboratory, public or private, and any entity that conducts a forensic analysis of evidence to be accredited by the Department of Public Safety (DPS). It also expands the powers of the director of public safety of DPS in the accreditation scheme relating to establishing minimum standards, procedures, policies, and practices; modifying, removing, and allowing exemptions from accreditation; validating methodologies; requiring cost recovery; inspecting facilities; and auditing records, reports, procedures, and other quality assurance matters.
House Bill 1068 updates provisions relating to DNA collection and the DNA database system in Texas, including expanding the list of those who have to contribute DNA samples, regulating DNA laboratories, setting requirements and time frames for the collection of samples from certain incarcerated adults and juveniles and certain persons on community supervision or released on bail or bond, providing for the exemption and removal of DNA records, providing access to DNA database information, and confidentiality provisions.