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.