SRC-EPT H.B. 2703 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2703
By: Bailey et al(Gallegos)
Criminal Justice
5-11-2003
Engrossed

DIGEST AND PURPOSE 

Following to recent difficulties with the DNA evidence testing and
examination operations in the Houston Police Department Crime Lab, an
independent audit of that lab detailed a wide-range of deficiencies in the
DNA analysis section.  Some of these deficiencies include the potential
for evidence contamination and a lack of basic record keeping.  The
Houston Police Department Crime Lab DNA section has operated as a
non-accredited laboratory and as such has not conducted in-depth internal
or external audits that accredited laboratories conduct each year relating
to evidence testing, examinations and procedures. 

H.B. 2703 amends the definition of  "forensic analysis" to specifically
include DNA evidence testing and examination.  This bill requires the
public safety director of the Texas Department of Public Safety (director)
by rule to establish an accreditation process for crime laboratories,
including DNA laboratories, and other entities conducting forensic
analyses of physical evidence for use in criminal proceedings.  H.B. 2703
requires the director by rule to  regulate DNA testing, including
regulation of DNA laboratories. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the public safety director of
the Department of Public Safety of the State of Texas in SECTION 4
(Sections 411.0205 and 411.0206, Government Code) of this bill . 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Article 38.35, Code of Criminal
Procedure to read as follows:   

 Art. 38.35.  FORENSIC ANALYSIS OF EVIDENCE; ADMISSABILITY.

SECTION 2.  Amends Article 38.35, Code of Criminal Procedure, by amending
Subdivision (a)(1) as follows: 

 (a)(1)  Redefines "forensic analysis" to specifically include DNA
evidence testing and examination.  Provides that the term does not include
latent print examination; a test of a specimen of breath under Chapter
724, Transportation Code; or an examination or test excluded by rule under
Section 411.0205(c), Government. 

SECTION 3.  Amends Article 38.35, Code of Criminal Procedure, by adding
Subsections (d) and (e) as follows:   

(d)  Provides that physical evidence subjected to a forensic analysis, and
testimony  regarding the evidence, under this article is not admissible in
a criminal case if, at the time of the analysis or the time the evidence
is submitted to the court, the crime laboratory or other entity conducting
the analysis was not accredited by the Department of Public Safety under
Section 411.0205, Government Code. 
 
(e)  Provides that physical evidence subjected to a forensic analysis
under this article, notwithstanding Subsection (d), is not inadmissible in
a criminal case based solely on the accreditation status of the crime
laboratory or other entity conducting the analysis if the  laboratory or
entity:  has preserved one or more separate samples of the physical
evidence for use by the defense attorney or use under order of the
convicting court; and has agreed to preserve those samples until all
appeals in the case are final.  Provides that this subsection expires
September 1, 2005. 
 
SECTION 4.  Amends Subchapter A, Chapter 411, Government Code, by adding
Sections 411.0205, 411.0206, and 411.0207 as follows: 
 
Sec. 411.0205.  CRIME LABORATORY ACCREDITATION PROCESS.  (a)  Defines
"forensic analysis" and "physical evidence" as having the meanings
assigned by Article 38.35, Code of Criminal Procedure, and "DNA
laboratory" as having the meaning assigned by Section 411.141. 
 
(b)  Requires the public safety director of the Texas Department of Public
Safety (director) by rule to establish an accreditation process for crime
laboratories, including DNA laboratories, and other entities conducting
forensic analyses of physical evidence for use in criminal proceedings. 
 
(c)  Authorizes the director by rule to exempt from the accreditation
process established under Subsection (b) a crime laboratory or other
entity conducting a forensic analysis of physical evidence for use in
criminal proceedings if the director makes certain determinations. 
  
Sec. 411.0206.  REGULATION OF DNA TESTING.  Requires the director to by
rule regulate DNA testing, including regulation of DNA laboratories. 
 
Sec. 411.0207.  ACCURACY OF DNA EXAMINATION OR TEST. (a)  Authorizes the
director to order a crime laboratory to conduct an additional DNA
examination or test of physical evidence if:  the director receives a
complaint alleging that the results of the preceding DNA examination or
test are inaccurate; and the complaint is accompanied by an audit that
confirms that the results of the examination or test may be inaccurate. 
 
(b)  Authorizes the director to require a crime laboratory that is the
subject of an order under Subsection (a) to remit a fee sufficient to pay
the cost of administering the order. 
 
SECTION 5.  Requires the public safety director to adopt rules under
Section 411.0205, Government Code, as added by this Act, not later than
the 61st day after the effective date of this Act. 
 
SECTION 6.  Effective date:  upon passage or September 1, 2003.  
                       Makes application of this Act prospective.