78R801 KEL-D
By: Dutton H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a Forensic Science Review Committee
within the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. FORENSIC SCIENCE REVIEW COMMITTEE
Sec. 411.351. DEFINITIONS. In this subchapter:
(1) "Committee" means the Forensic Science Review
Committee.
(2) "Forensic laboratory" means a laboratory operated
by the state or a political subdivision of the state to perform
forensic testing, including testing of materials from a crime scene
and testing of DNA or other matter derived from the human body, for
use as evidence in a criminal proceeding or for purposes of
identification.
Sec. 411.352. FORENSIC SCIENCE REVIEW COMMITTEE. The
Forensic Science Review Committee is created in the department.
Sec. 411.353. COMPOSITION OF COMMITTEE. The committee is
composed of the following members appointed by the governor with
the advice and consent of the senate:
(1) two representatives of the Texas Department of
Criminal Justice;
(2) two representatives of the department;
(3) a representative of the Texas Department of
Health; and
(4) a representative of the Texas District and County
Attorneys Association.
Sec. 411.354. PRESIDING OFFICER. The governor shall
designate from among the committee members a presiding officer who
serves in that capacity at the pleasure of the governor.
Sec. 411.355. COMPENSATION AND EXPENSES. A member of the
committee may not receive compensation for service performed for
the committee but is entitled to receive reimbursement for actual
or necessary expenses incurred in performing service for the
committee.
Sec. 411.356. TERM. Members of the committee serve for
staggered six-year terms with the terms of two members expiring on
February 1 of each odd-numbered year.
Sec. 411.357. MEETINGS. The committee shall meet at least
quarterly.
Sec. 411.358. SUPPORT STAFF. The department shall provide
to the committee administrative, professional, clerical, and other
personnel as may be required to perform the duties of the committee.
Sec. 411.359. RULES. The committee shall adopt rules
necessary for the administration of this subchapter.
Sec. 411.360. GENERAL POWERS AND DUTIES OF COMMITTEE. (a)
The committee shall regulate and oversee the activities of forensic
laboratories in this state.
(b) The committee shall adopt accreditation standards for
forensic laboratories in this state. In designing accreditation
standards, the committee shall evaluate other systems or standards
of accreditation.
(c) The committee shall establish qualification standards
for examiners, analysts, and scientists employed by a forensic
laboratory in this state and shall adopt a code of ethics to which
each examiner, analyst, or scientist is required to adhere. The
qualification standards and the code of ethics must be designed to:
(1) increase and maintain the effectiveness,
efficiency, reliability, and accuracy of forensic laboratories;
(2) ensure that forensic analyses are performed in
accordance with the highest scientific standards practicable; and
(3) ensure to both the prosecution and the defense
full disclosure of all laboratory notes and results whenever an
examination of evidence is performed.
(d) The committee shall establish protocols for the
examination of evidence in a forensic laboratory. The protocols
must require that, to the fullest extent practicable, the
examination of evidence is conducted on a blind basis so that the
examiner, analyst, or scientist is unaware of whether the request
for examination originated with the defense or the prosecution and
is unaware of which side would be helped by a particular finding.
(e) The committee shall conduct routine internal and
external proficiency testing of forensic laboratory personnel
involved in conducting forensic analyses. Proficiency testing
under this subsection must include the submission of test samples
that appear to laboratory personnel to involve only routine
evidence.
(f) As part of the accreditation process, the committee
shall require forensic laboratories to adhere to quality control
and quality assurance protocols and to maintain a method validation
procedure and a program for taking remedial action.
(g) The committee shall require that each forensic
laboratory, as accredited annually by the committee, certify to the
committee its continued compliance with the accreditation
standards.
(h) The committee shall conduct an initial laboratory
inspection and routine inspections as necessary of forensic
laboratories in this state to ensure that the laboratories comply
with accreditation standards.
(i) The committee shall revoke the accreditation of a
forensic laboratory on a determination that the laboratory or one
or more persons employed by the laboratory:
(1) engaged in misrepresentation to obtain a forensic
laboratory accreditation;
(2) rendered a report on laboratory work actually
performed in another forensic laboratory without disclosing that
fact;
(3) showed a pattern of excessive errors in the
performance of forensic laboratory examination procedures; or
(4) failed to file a report required to be submitted
under this subchapter.
SECTION 2. The governor shall appoint the initial members
of the Forensic Science Review Committee created by this Act so that
two members' terms expire February 1, 2005, two members' terms
expire February 1, 2007, and two members' terms expire February 1,
2009.
SECTION 3. The Forensic Science Review Committee shall
adopt rules required by Section 411.359, Government Code, as added
by this Act, not later than April 1, 2004.
SECTION 4. This Act takes effect January 1, 2004.