This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
By: Whitmire, et al. S.B. No. 1263
Substitute the following for S.B. No. 1263:
By: Hegar C.S.S.B. No. 1263
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to ensure the quality of
forensic science.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) five members appointed by the governor:
(A) one of whom must be a director or division
head of a crime laboratory operated by the Department of Public
Safety;
(B) two of whom must be directors or division
heads of an accredited crime laboratory located in this state and
not associated with the Department of Public Safety, and one of whom
may be a director or division head of a non-governmental crime
laboratory described by this paragraph;
(C) one of whom must be a prosecuting attorney
that the governor selects from a list of ten names submitted by the
Texas District and County Attorneys Association; and
(D) one of whom must be a defense attorney that
the governor selects from a list of ten names submitted by the Texas
Criminal Defense Lawyers Association;
(2) two members appointed by the attorney general,
each of whom must have expertise in the field of forensic science,
and one of whom must be a faculty or staff member of the Sam Houston
State University College of Criminal Justice who is not affiliated
with any state, county, or local crime laboratory in this state;
and
(3) four members appointed by the lieutenant governor:
(A) two of must be faculty members of a medical
school who specialize in clinical laboratory medicine;
(B) one of whom must be a director or division
head of the University of North Texas Health Science Center at Fort
Worth Missing Persons DNA Database; and
(C) one of whom must specialize in statistical
analyses.
(b) Each member of the commission serves a two-year term.
The term of the members appointed under Subsections
(a)(1)(B)-(a)(1)(D) and (a)(2) expires on September 1 of each
odd-numbered year. The term of the members appointed under
Subsections (a)(1)(A) and (a)(3) expires on September 1 of each
even-numbered year.
(c) The governor shall designate a member of the commission,
other than a member appointed by the governor, to serve as the
presiding officer.
Sec. 4. DUTIES. (a) The commission shall:
(1) develop and implement a reporting system through
which laboratories, facilities, or entities report professional
negligence or misconduct;
(2) require all laboratories, facilities, or entities
that conduct forensic analyses to report professional negligence or
misconduct to the commission;
(3) investigate, in a timely manner, any credible
allegation of professional negligence or misconduct that would
substantially affect the integrity of the results of a forensic
analysis conducted by a laboratory, facility, or entity that
conducts forensic analyses; and
(4) make recommendations to the governor, lieutenant
governor, and speaker of the house of representatives concerning
ways to improve quality assurance procedures at and the reliability
of forensic analyses from laboratories, facilities, or entities
that conduct forensic analyses.
(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 Subsection (a)(3) to any person the commission
determines to be independent from and not otherwise associated with
the laboratory, facility, or entity being investigated and
qualified to assume those duties. A person to whom the commission
delegates duties under this subsection shall submit any report
completed by the person to the commission.
(d) The commission shall make all investigation reports
completed under Subsection (b) or received under Subsection (c)
available to the public. A report completed under Subsection (b) or
received under Subsection (c), in a subsequent civil or criminal
proceeding, is not prima facie evidence of the information or
findings contained in the report.
Sec. 5. ACCESS TO DOCUMENTS. (a) The commission shall be
given access to:
(1) reports of any entity that accredits or has
accredited a laboratory, facility, or entity that conducts forensic
analyses;
(2) communications between an accrediting entity
described by Subdivision (1) and a laboratory, facility, or entity
that conducts forensic analyses;
(3) communications between the Department of Public
Safety and an accrediting entity described by Subdivision (1);
(4) communications between the Department of Public
Safety and a laboratory, facility, or entity that conducts forensic
analyses regarding matters relating to accreditation;
(5) internal and external proficiency tests performed
by a laboratory, facility, or entity that conducts forensic
analyses; and
(6) any other laboratory, facility, or entity document
the commission finds necessary to fulfill the commission's duties
under Section 4(a)(3).
(b) Subsection (a) does not apply to a law enforcement
agency or a component of a law enforcement agency that collects
physical evidence but does not conduct forensic analyses.
(c) Subsection (a) applies to:
(1) a laboratory, facility, or entity that conducts
forensic analyses and is required to be accredited under Section
411.0205, Government Code; and
(2) a laboratory, facility, or entity that conducts
forensic analyses and is subject only to voluntary accreditation
under the rules adopted under Section 411.0205, Government Code.
Sec. 6. COSTS OF INVESTIGATION. A laboratory, facility, or
entity investigated under Section 4 shall pay all reasonable costs
incurred by the commission in conducting the investigation and any
follow-up evaluations of the laboratory, facility, or entity.
Sec. 7. 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. 8. 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. 9. SUBMISSION. The commission shall submit any report
received under Section 4(a)(2) and any report prepared under
Section 4(b)(1) or received under Section 4(c) 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 2. (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 Subsections
(a)(1)(B)-(a)(1)(D) and (a)(2), Section 3, Article 38.01, Code of
Criminal Procedure, as added by this Act, serve terms expiring
September 1, 2007; and
(2) the members appointed under Subsections (a)(1)(A)
and (a)(3), Section 3, Article 38.01, Code of Criminal Procedure,
as added by this Act, 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 under Subsection
(b), Section 3, Article 38.01, Code of Criminal Procedure, as added
by this Act.
SECTION 3. This Act takes effect September 1, 2005.