SRC-TAG S.B. 1814 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1814
By: Gallegos
Criminal Justice
4/28/2003
As Filed


DIGEST AND PURPOSE 

The Harris County District Attorney's office reviewed numerous cases in
which DNA evidence testing and examination were done by the Houston Police
Department (HPD).  The results found approximately 65 cases in which DNA
evidence testing were flawed and these cases are scheduled for re-testing.
However, this is a small percentage of the cases which may have flawed DNA
evidence as processed through the HPD crime labs.  As proposed, S.B. 1814
sets up a process for the director of public safety to supervise any
post-conviction review of DNA laboratory evidence in a criminal case,
requested by the prosecution, allows the director of public safety to
employ a third party consultant to conduct the review, and allows for a
fee to be collected for the review. 

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 411.144, Government Code, by adding Subsection
(i), to require any post-conviction review of DNA laboratory evidence in a
criminal case, requested by the prosecution, to be under the supervision
of the director of public safety (director), and requires the director to
employ a third-party consultant(s).  

SECTION 2.  Amends Section 411.145, Government Code, by adding Subsection
(a)(3) , to 
authorize the director to collect a reasonable fee under this subchapter
for supervising postconviction reviews as required by Section 411.144(i). 

SECTION 3.  Effective date: upon passage or September 1, 2003.