Amend HB 1068 (Senate committee printing) as follows:
(1) Strike SECTIONS 1 and 2 of the bill (page 1, line 13,
through page 3, line 31) and substitute the following appropriately
numbered SECTIONS:
SECTION ____. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.01 to read as follows:
Art. 38.01. TEXAS FORENSIC SCIENCE COMMISSION
Sec. 1. CREATION. The Texas Forensic Science Commission is
created.
Sec. 2. DEFINITION. In this article, "forensic analysis"
has the meaning assigned by Article 38.35(a).
Sec. 3. COMPOSITION. (a) The commission is composed of
the following 11 members:
(1) one member appointed by the governor, one member
appointed by the lieutenant governor, and one member appointed by
the speaker of the house of representatives;
(2) one member appointed by the attorney general, who
must have expertise in the field of forensic science;
(3) one member appointed by the chancellor of The
Texas A&M University System and one member appointed by the
chancellor of The University of Texas System, both of whom must be
faculty members of a medical school and specialize in clinical
laboratory medicine;
(4) one member appointed by the chancellor of the
Texas State University System, who must be a faculty or staff member
of the Sam Houston State University College of Criminal Justice;
(5) one member appointed by the chancellor of the
University of North Texas System, who must be a faculty member and
specialize in clinical laboratory medicine;
(6) one member appointed by the president of Texas
Southern University, who must be a faculty member of the College of
Pharmacy and Health Sciences;
(7) one member appointed by the executive director of
the Texas District and County Attorneys Association; and
(8) one member appointed by the executive director of
the Texas Criminal Defense Attorneys Association.
(b) Each member of the commission serves a two-year term.
The term of the members appointed under Subsections (a)(1), (4),
and (5) expires on September 1 of each odd-numbered year. The term
of the members appointed under Subsections (a)(2), (3), (6), (7),
and (8) expires on September 1 of each even-numbered year.
(c) The governor shall designate a member of the commission
to serve as the presiding officer.
Sec. 4. DUTIES. (a) The commission shall:
(1) develop and implement:
(A) an accreditation process for all
laboratories, facilities, or entities that conduct forensic
analyses; and
(B) a reporting system through which accredited
laboratories, facilities, or entities report professional
negligence or misconduct;
(2) require all laboratories, facilities, or entities
that conduct forensic analyses to:
(A) become accredited by the commission; and
(B) report professional negligence or misconduct
to the commission; and
(3) investigate, in a timely manner, any allegation of
professional negligence or misconduct that would substantially
affect the integrity of the results of a forensic analysis
conducted by an accredited laboratory, facility, or entity.
(b) An investigation under Subsection (a)(3):
(1) must include the preparation of a written report
that identifies and also describes the methods and procedures used
to identify:
(A) the alleged negligence or misconduct;
(B) whether negligence or misconduct occurred;
and
(C) any corrective action required of the
laboratory, facility, or entity; and
(2) may include one or more:
(A) retrospective reexaminations of other
forensic analyses conducted by the laboratory, facility, or entity
that may involve the same kind of negligence or misconduct; and
(B) follow-up evaluations of the laboratory,
facility, or entity to review:
(i) the implementation of any corrective
action required under Subdivision (1)(C); or
(ii) the conclusion of any retrospective
reexamination under Paragraph (A).
(c) The commission by contract may delegate the duties
described by Subsections (a)(1) and (3) to any person the
commission determines to be qualified to assume those duties.
(d) As part of the accreditation process developed and
implemented under Subsection (a)(1), the commission may:
(1) establish:
(A) minimum accreditation standards;
(B) mandatory training requirements for
individuals employed by a laboratory, facility, or entity that
conducts forensic analyses; and
(C) minimum standards that relate to the timely
production of a forensic analysis to the agency requesting the
analysis and that are consistent with this article and code;
(2) validate or approve specific forensic methods or
methodologies; and
(3) establish procedures, policies, and practices to
improve the quality of forensic analyses conducted in this state.
(e) The commission may require that a laboratory, facility,
or entity required to be accredited under this section pay any costs
incurred to ensure compliance with Subsection (b)(1).
(f) The commission shall make all accreditation reviews
conducted under Subsection (a)(2) and investigation reports
completed under Subsection (b)(1) available to the public. A
report completed under Subsection (b)(1), in a subsequent civil or
criminal proceeding, is not prima facie evidence of the information
or findings contained in the report.
Sec. 5. REIMBURSEMENT. A member of the commission may not
receive compensation but is entitled to reimbursement for the
member's travel expenses as provided by Chapter 660, Government
Code, and the General Appropriations Act.
Sec. 6. ASSISTANCE. The Texas Legislative Council, the
Legislative Budget Board, and The University of Texas at Austin
shall assist the commission in performing the commission's duties.
Sec. 7. SUBMISSION. The commission shall submit any report
received under Section 4(a)(2) and any report prepared under
Section 4(b)(1) to the governor, the lieutenant governor, and the
speaker of the house of representatives not later than December 1 of
each even-numbered year.
SECTION ____. Article 38.35, Code of Criminal Procedure, is
amended by amending Subsections (a), (d), and (e) and adding
Subsection (f) to read as follows:
(a) In this article:
(1) "Forensic analysis" means a medical, chemical,
toxicologic, ballistic, or other expert examination or test
performed on physical evidence, including DNA evidence, for the
purpose of determining the connection of the evidence to a criminal
action. The term does not include:
(A) latent print examination; or
(B) a test of a specimen of breath under Chapter
724, Transportation Code[; or
[(C) an examination or test excluded by rule
under Section 411.0205(c), Government Code].
(2) "Physical evidence" means any tangible object,
thing, or substance relating to a criminal offense.
(d) Physical evidence subjected to a forensic analysis, and
testimony regarding the evidence, under this article is not
admissible in a criminal case if, at the time of the analysis or the
time the evidence is submitted to the court, the crime laboratory or
other entity conducting the analysis was not accredited by the
Texas Forensic Science Commission [Department of Public Safety]
under Article 38.01 [Section 411.0205, Government Code].
(e) Notwithstanding Subsection (d), physical evidence
subjected to a forensic analysis under this article is not
inadmissible in a criminal case based solely on the accreditation
status of the crime laboratory or other entity conducting the
analysis if the laboratory or entity:
(1) has preserved one or more separate samples of the
physical evidence for use by the defense attorney or use under order
of the convicting court; and
(2) has agreed to preserve those samples until all
appeals in the case are final. This subsection expires September 1,
2007 [2005].
(f) This article does not apply to the portion of an autopsy
conducted by a medical examiner or other forensic pathologist who
is a licensed physician.
(2) In SECTION 7 of the bill, in Subsection (c) of amended
Section 411.145, Government Code (page 6, line 57), strike "and
Section 411.0205".
(3) In Subdivision (2) of SECTION 21 of the bill, between
"Sections" and "411.0206" (page 15, line 19), insert "411.0205,".
(4) Add the following appropriately numbered sections to
the bill and renumber subsequent sections of the bill accordingly:
SECTION ____. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A sample or specimen taken as part of a test for
controlled substances that is a condition of placement on community
supervision must be analyzed by a laboratory certified by:
(1) the Substance Abuse and Mental Health Services
Administration of the United States Department of Health and Human
Services;
(2) the College of American Pathologists Forensic
Urine Drug Testing Accreditation Program;
(3) the American Board of Forensic Toxicology;
(4) the American Society of Crime Laboratory
Directors; or
(5) the National Association of Medical Examiners.
SECTION ____. Article 38.35, Code of Criminal Procedure, as
amended by this Act, applies only to the admissibility of physical
evidence in a criminal proceeding that commences on or after the
effective date of this Act. The admissibility of physical evidence
in a criminal proceeding that commenced before the effective date
of this Act is governed by the law in effect at the time the
proceeding commenced, and that law is continued in effect for that
purpose.
SECTION ____. (a) Initial appointments to the Texas
Forensic Science Commission must be made not later than the 60th day
after the effective date of this Act.
(b) Of the initial members of the Texas Forensic Science
Commission:
(1) the members appointed under Subdivision (1), (4),
or (5), Subsection (a), Section 3, Article 38.01, Code of Criminal
Procedure, as added by this Act, serve terms expiring September 1,
2007; and
(2) the other members serve terms expiring September
1, 2006.
(c) A member whose term expires on September 1, 2006, is
eligible to be reappointed for a two-year term as provided by
Subsection (b), Section 3, Article 38.01, Code of Criminal
Procedure, as added by this Act.