By:  Bailey                                                       H.B. No. 2704



A BILL TO BE ENTITLED

AN ACT

relating to post conviction DNA review in criminal cases; providing 
a fee.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 411.144, Government Code is amended by 
adding Subsection (I) to read as follows:
	(a)  The Director by rule shall establish procedures for a 
DNA laboratory or criminal justice or law enforcement agency in the 
collection, preservation, shipment, analysis, and use of a blood 
sample or other specimen for forensic DNA analysis in a manner that 
permits the exchange of DNA evidence between DNA laboratories and 
the use of evidence in a criminal case.
	(b)  A DNA laboratory or criminal justice or law enforcement 
agency shall follow the procedures:
		(1)  establish by the director under this section; and                        
		(2)  specified by the FBI, including use of comparable 
test procedures, laboratory equipment, supplies, and computer 
software.
	(c)  The director may at any reasonable time enter and 
inspect the premises or audit the procedures of any DNA laboratory 
that provides DNA records or DNA forensic analyses to the 
department under this subchapter.
	(d)  A DNA laboratory conducting a DNA analysis under this 
subchapter shall: 
		(1)  forward the DNA record of the analysis to the 
director at the department's crime laboratory or another location 
as required by the department; and
		(2)  comply with this subchapter and rules adopted 
under this subchapter.   
	(e)  If a DNA laboratory violates this subchapter or a rule 
adopted under this subchapter, the director may prohibit the 
laboratory from exchanging DNA records with another DNA laboratory 
or criminal justice or law enforcement agency.  A DNA laboratory 
prohibited from exchanging DNA records under this subsection may 
petition the director for a hearing to show cause why the 
laboratory's authority to exchange DNA records should be 
reinstated.
	(f)  The director is the liaison for DNA data, records, 
evidence, and other related matters between the FBI and a DNA 
laboratory or a criminal justice or law enforcement agency.
	(g)  The director may:                                                         
		(1)  conduct DNA analyses; or                                                 
		(2)  contract with a laboratory, state agency, private 
entity, or institution of higher education for services to perform 
DNA analyses for the department.
	(h)  The institutional division may:                                           
		(1)  collect a blood sample or other specimen for 
forensic DNA analysis; or 
		(2)  contract with a laboratory, state agency, private 
entity, or institution of higher education for services to collect 
a sample or other specimen under this subchapter.
	(i)  Any post-conviction review of DNA laboratory evidence 
in a criminal case, requested by the prosecution, shall be under the 
supervision of the director, and the director shall employ a 
third-party consultant(s).
	SECTION 2.  Section 411.145, Government Code, is amended by 
adding Subsection (a)(3) to read as follows:
	(a)  The director may collect a reasonable fee under this 
subchapter:        
		(1)  for the DNA analysis of a blood sample or other 
specimen submitted voluntarily to the department; [or]
		(2)  for providing population statistics data or other 
appropriate research data; or
		(3)  for supervising post-conviction reviews as 
required by Section 411.144(i).
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.