SRC-LBB S.B. 1813 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1813
By: Gallegos
Criminal Justice
4/28/2003
As Filed


DIGEST AND PURPOSE 

Due to recent difficulties with the DNA evidence testing and examination
operations in the Houston Police Department Crime Lab, an independent
audit of the Houston Police Department Crime 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. 

As proposed, S.B. 1813 amends the definition of "forensic analysis" to
specifically include DNA evidence testing and examination.  This bill also
requires crime laboratories conducting forensic analysis of physical
evidence to be accredited by the American Society of Crime Laboratory
Directors.  S.B. 1813 requires the exclusion of any evidence by a lab that
is not accredited by the American Society of Crime Laboratory Directors. 

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 Article 38.35, Code of Criminal Procedure, by amending
Subdivision (a)(1) and adding Subsections (d) and (e), as follows: 

 (a)(1)  Redefines "forensic analysis" to specifically include DNA
evidence testing and examination. 

(d)  Requires crime laboratories conducting forensic analysis of physical
evidence to be accredited by the American Society of Crime Laboratory
Directors. 

(e)  Requires physical evidence generated, developed, or examined by a
crime laboratory owned or operated by a municipality, county, or other
political subdivision to not be admitted in evidence if at the time of the
analysis the laboratory was not accredited  by the American Society of
Crime Laboratory Directors, or if the laboratory did not maintain at least
one separate, physical evidence sample for use by defense counsel, until
such time as all criminal appeals have been exhausted. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.