80R8064 JRH-D

By: Driver H.B. No. 2832

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Texas Forensic Science Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 38.01, Code of Criminal Procedure, is amended by amending Sections 2, 4, 5, 6, and 7 and adding Section 8 to read as follows:

Sec. 2. DEFINITIONS [DEFINITION]. In this article:

(1) "Department" means the Department of Public Safety.

(2) "Director" and [,] "forensic analysis" have [has] the meanings [meaning] assigned by Article 38.35(a).

(3) "Forensic laboratory" means a crime laboratory under Article 38.35(a) that:

(A) is accredited by the department under Section 411.0205, Government Code; or

(B) is operated by the department.

Sec. 4. POWERS AND DUTIES. (a) The commission shall:

(1) develop and implement a [reporting] system through which a person may [accredited laboratories, facilities, or entities] report and provide any available evidence of professional negligence or misconduct with respect to the conducting of forensic analysis by a forensic laboratory;

(2) determine whether an [require all laboratories, facilities, or entities that conduct forensic analyses to report professional negligence or misconduct to the commission; and

[(3)investigate, in a timely manner, any] allegation of professional negligence or misconduct:

(A) is credible; and

(B) [that] would substantially affect the integrity of the results of a forensic analysis conducted by a forensic [an accredited] laboratory; and

(3) if an allegation is credible and substantive, refer the allegation and all evidence submitted in support of the allegation to the director[, facility, or entity].

(b) If the commission refers an allegation to the director, the department shall immediately conduct, or contract with a person or entity accredited by the American Society of Crime Laboratory Directors to conduct, an investigation. If the allegation concerns a forensic laboratory operated by the department, the department shall immediately contract with a person or entity accredited by the American Society of Crime Laboratory Directors to conduct the investigation.

(c) An investigation under Subsection (b) [(a) (3)]:

(1) must include the preparation by the investigating person or entity of a written report that identifies and also describes the methods and procedures used to identify:

(A) the alleged professional negligence or misconduct;

(B) whether the alleged professional negligence or misconduct occurred; and

(C) whether the alleged professional negligence or misconduct would substantially affect the integrity of the results of a forensic analysis conducted by a forensic laboratory [any corrective action required of the laboratory, facility, or entity]; and

(2) may include [one or more]:

(A) [retrospective] reexaminations of the [other] forensic analyses conducted by the forensic laboratory [, facility, or entity] that are the subject of the allegation [may involve the same kind of negligence or misconduct]; and

(B) recommendations for corrective action [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)].

(d) [(c)] The commission [by contract] may not administer oaths or issue subpoenas [delegate the duties described by Subsections (a)(1) and (3) to any person the commission determines to be qualified to assume those duties].

[(d) The commission may require that a laboratory, facility, or entity investigated under this section pay any costs incurred to ensure compliance with Subsection (b)(1).]

(e) The department [commission] shall make all [investigation] reports completed under Subsection (c) [(b)(1)] available to the public. A report completed under Subsection (c) [(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 from the department for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act.

Sec. 6. ASSISTANCE. The department [Texas Legislative Council, the Legislative Budget Board, and The University of Texas at Austin] shall assist the commission in performing the commission's duties by providing office space and other necessary support.

Sec. 7. SUBMISSION. The department [commission] shall submit any report received under Section 4(c) [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.

Sec. 8. RULES. The department may adopt rules to administer its powers and duties under this article.

SECTION 2. Section 411.0205, Government Code, is amended by adding Subsection (h) to read as follows:

(h) The director may suspend the accreditation of a forensic laboratory for:

(1) failing to fully cooperate with an investigation under Article 38.01, Code of Criminal Procedure;

(2) failing to fully implement the recommendations for corrective action provided under Article 38.01, Code of Criminal Procedure; or

(3) any reason the director considers appropriate.

SECTION 3. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.148 to read as follows:

Sec. 552.148. EXCEPTION: INFORMATION RELATING TO INVESTIGATION BY TEXAS FORENSIC SCIENCE COMMISSION. (a) Information held by the Texas Forensic Science Commission or a person performing an investigative function of the commission that deals with an allegation or investigation of professional negligence or misconduct is excepted from the requirements of Section 552.021 if release of the information would interfere with an investigation of the alleged professional negligence or misconduct.

(b) An internal record or notation of the Texas Forensic Science Commission or a person performing an investigation at the direction of the commission that is maintained for internal use in matters relating to an investigation described by Subsection (a) is excepted from the requirements of Section 552.021 if release of the internal record or notation would interfere with the investigation.

SECTION 4. This Act takes effect September 1, 2007.