SRC-TAG S.B. 1607 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1607
By: Ellis, Rodney
Criminal Justice
3/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas has numerous unregulated crime labs.  The Houston Police
Department (HPD) crime laboratory was recently closed after an independent
audit revealed contamination and incompetent lab supervisors.  As
proposed, S.B. 1607 creates quality control and oversight for the state's
various crime labs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commission on forensic
science  in SECTION 1 (Section 534.002, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Government Code by adding Chapter 534, as follows:

Chapter 534.  OVERSIGHT OF CRIME LAB FACILITIES

SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  534.001.  Definitions.  Defines "forensic laboratory," "forensic DNA
laboratory," "forensic DNA testing," " DNA testing methodology," "blind
external proficiency testing," "DNA," "designated offender," "DNA record,"
"DNA subcommittee," and  "commission." 

Sec.  534.002.  Commission on Forensic Science.  Creates a commission on
forensic science (commission) consisting of certain individuals.  Requires
each member appointed by the governor to serve a two-year term. Authorizes
any member appointed by the governor to be reappointed for additional
two-year terms.  Requires any member chosen to fill a vacancy created by
the expiration of the term to be appointed by the governor for the
unexpired term of the member he or she is to succeed.  Requires any
vacancy caused by expiration term to be filled in the same manner as the
original appointment.  Requires the commission to meet at least four times
each year and may establish its rule and procedures concerning the conduct
of its meetings and other affairs not inconsistent with the law.  Set
forth that members of the commission are not disqualified from holding
public office or employment and not required to take and file oaths of
office before serving on the commission.  Prohibits members of the
commission from receiving compensation for their services but authorizes
reimbursement for expenses.  

Sec.  534.003.  Powers and Duties of Commissions.  (1)  Requires the
commission to develop certain standards and a program of accreditation for
all forensic laboratories in Texas, including establishing qualifications
for forensic laboratory directors and other personnel as the commission
determines to be necessary and appropriate, and approval of forensic
laboratory for the performance of specified methodologies.  Requires
nothing in this article to be deemed to preclude forensic laboratories
from performing research and validations studies on new methodologies and
technologies which may not yet be approved by the commission at that
time.  Requires the commission, while designing a system of accreditation
pursuant to this article, to evaluate other systems of accreditation.   

(2)  Requires the standards and program of accreditation to be designed to
accomplish certain objectives.   

(2-a)  Requires any program of forensic laboratory accreditation with
respect to a DNA laboratory pursuant to this section to be under the
direction of the DNA subcommittee established pursuant to this section.
Requires the subcommittee to have the sole authority to grant, deny,
review or modify a DNA forensic laboratory accreditation pursuant to this
article, provided that the authority be effectuated through binding
recommendations made by the DNA subcommittee to the commission. Authorizes
the commission, in the event it disagrees with any of the binding
recommendations of the DNA subcommittee made pursuant to this article, to
notify the subcommittee and request the subcommittee to reasonably review
such binding recommendations.  Requires the DNA subcommittee to conduct
review and either forward revised binding recommendations to the
commission or indicate, with probable reason, that following the review
such subcommittee has determined that such binding recommendations shall
not be revised. 

  (3)  Requires the program of forensic laboratory to meet certain
requirements. 

(4)  Requires a laboratory director who knowingly operates a laboratory
without obtaining the accreditation required by this article, or who, with
the intent to mislead or deceive, misrepresents a material fact to the
commission or DNA subcommittee, to be subject to a civil penalty not to
exceed seventy-five hundred dollars and such other penalties as are
prescribed by the law. 

(5) Authorizes the commission and the DNA subcommittee established
pursuant to this section to require and receive from any agency of the
state or any political subdivision assistance and data that enable the
commission or DNA subcommittee to administer the provisions of this
article.   Authorizes the commission or DNA subcommittee to enter into
cooperative arrangements with the Department of Public Safety (DPS), the
Department of Health (TDH), and any other state agency, each of which is
authorized to enter into such cooperative arrangements as shall be
necessary or appropriate. Authorizes any state agency, upon the request of
the commission or DNA subcommittee to transfer to the commission officers
or employees in order that the commission or DNA subcommittee can carry
its functions and duties.   

(6)  Require all of the commission's records, reports, assessments, and
evaluations in regards to accreditation, implementation of quality
assurance and monitoring, to be archived by the commission.  

(7)  Authorizes the commission and the DNA subcommittee to establish,
appoint, and set terms of members to advisory councils to provide
specialized expertise to the commission in regards to new forensic
technologies including DNA testing methodology. 

(8)  Requires the commission or the DNA subcommittee to designate one or
more entities for the performance of proficiency tests required pursuant
to the provisions of this article. 

(9)  Requires the commission, upon recommendation of the DNA subcommittee
established pursuant to this section, to designate one or more approved
methodologies for the performance of forensic DNA testing, and to review
and act upon applications  by forensic DNA laboratories for approval to
perform DNA testing. 

  (10)  Sets forth the purpose of the DNA subcommittee. 

Sec.  534.004.  Confidentiality.  (1)  Requires  all records, findings,
reports, and results of DNA testing performed on any person to be
confidential and prohibits them from being disclosed or redisclosed
without the consent of the subject of  DNA testing.  Prohibits records,
findings, reports and results from being released to insurance companies,
employers or potential employers, health providers, employment screening
or personnel companies, agencies, or services, private investigation
services, and prohibits them from being disclosed in response to a
subpoena or other compulsory legal process or warrant, or upon request or
order of any agency, authority, division, office, corporation,
partnership, or any other private or public entity or person, except that
nothing contained shall prohibit disclosure in response to a subpoena
issued on behalf of the subject of such DNA record or on behalf of a party
in a civil proceeding where the subject of such DNA record has put such
record in issue. 

(2)  Authorizes the reports, findings, records, and results of DNA testing
to be disclosed to the prosecution and to the defense upon written request
to the commissioner of the division of criminal justice services,
notwithstanding the provisions of subdivision one of this section. 

Sec.  534.005.  Applicability.  Provides that this article shall not apply
to a forensic DNA laboratory operated by any agency of the federal
government, or to any forensic DNA test performed by any federal
laboratory. 

  
Sec.  534.006.  Penalties.  Provides that any person who (a) intentionally
discloses a DNA record, or the results of a forensic DNA test or analysis,
to an individual or agency other than one authorized to have access to
such records pursuant to this article or (b) intentionally uses or
receives DNA records, or the results of a forensic DNA test or analysis,
for purposes other than those authorized pursuant to this article or (c)
any person who knowingly tampers or attempts to tamper with any DNA sample
or the collection container without lawful authority is guilty of a state
jail felony. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.