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79R5801 KCR-F
By: Whitmire 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) three members appointed by the governor, at least
one of whom must be a dean of a law school or the dean's designee and
at least one of whom must be a law enforcement officer in this
state;
(2) two members appointed by the attorney general, at
least one of whom must have expertise in the field of forensic
science;
(3) two members appointed by the chancellor of The
University of Texas System, both of whom must be faculty members of
a medical school and at least one of whom must specialize in
clinical laboratory medicine;
(4) two members appointed by the executive director of
the Texas District and County Attorneys Association, at least one
of whom must be a prosecutor; and
(5) two members appointed by the executive director of
the Texas Criminal Defense Attorneys Association, at least one of
whom must be a criminal defense attorney.
(b) Each member of the commission serves a two-year term.
The term of the members appointed under Subsections (a)(1) and (4)
expires on September 1 of each odd-numbered year. The term of the
members appointed under Subsections (a)(2), (3), and (5) 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 re-examinations 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
re-examination 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; and
(B) mandatory training requirements for
individuals employed by a laboratory, facility, or entity that
conducts forensic analyses;
(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, lieutenant governor, and the
speaker of the house of representatives not later than December 1 of
each even-numbered year.
SECTION 2. Articles 38.35(a), (d), and (e), Code of
Criminal Procedure, are amended 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].
SECTION 3. Sections 411.0205 and 411.0206, Government Code,
are repealed.
SECTION 4. 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 5. (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 Section 3(a)(1) or
(4), 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
Section 3(b), Article 38.01, Code of Criminal Procedure, as added
by this Act.
SECTION 6. This Act takes effect September 1, 2005.