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79R6906 KCR-D

By:  Bailey                                                       H.B. No. 1788



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of regional DNA laboratories.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 411.0205, Government 
Code, is amended to read as follows:
	Sec. 411.0205.  CRIME LABORATORY ACCREDITATION; 
ESTABLISHMENT OF REGIONAL DNA LABORATORIES [PROCESS].
	SECTION 2.  Section 411.0205, Government Code, is amended by 
adding Subsections (d), (e), and (f) to read as follows:
	(d)  The director by rule shall designate an existing 
accredited DNA laboratory operated by the department as a regional 
DNA laboratory for a particular region of this state if a DNA 
laboratory that is accredited by the department under Subsection 
(b) does not exist in the region.
	(e)  The director may collect a reasonable fee from a 
political subdivision or person for whom a regional DNA laboratory 
performs a forensic analysis.  A fee collected under this 
subsection may only be used to defray the costs of maintaining a 
regional DNA laboratory and performing forensic analyses at a 
regional DNA laboratory.
	(f)  The director shall adopt rules, including rules 
defining regions in this state, as necessary for the implementation 
of Subsections (d) and (e).
	SECTION 3.  Articles 38.35(d) and (e), Code of Criminal 
Procedure, are amended to read as follows:
	(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 or 
designated as a regional DNA crime laboratory by the Department of 
Public Safety under 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 January 1, 
2006 [September 1, 2005].
	SECTION 4.  The public safety director of the Department of 
Public Safety shall:
		(1)  designate DNA regional laboratories as required by 
Section 411.0205(d), Government Code, as added by this Act, for any 
region that, on or after September 1, 2005, does not have a DNA 
laboratory accredited by the department under Section 411.0205(b), 
Government Code; and
		(2)  adopt rules under Section 411.0205(f), Government 
Code, as added by this Act, not later than the 61st day after the 
effective date of this Act.
	SECTION 5.  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 6.  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, 2005.