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A BILL TO BE ENTITLED
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AN ACT
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relating to the analysis of physical evidence in a criminal case, to |
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the accreditation of crime laboratories in this state, and to |
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audits of and standards for the analyses performed by those |
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laboratories. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.01, Code of Criminal Procedure, is |
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amended by adding Section 4a to read as follows: |
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Sec. 4a. STANDARDS FOR POSTCONVICTION DNA TESTING. The |
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commission shall adopt standards for all postconviction forensic |
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DNA testing performed under Chapter 64. |
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SECTION 2. Article 64.03, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) All forensic DNA testing under Subsection (c) shall be |
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conducted according to standards adopted by the Texas Forensic |
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Science Commission under Section 4a, Article 38.01. |
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SECTION 3. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Sections 1001.076 and 1001.077 to read as |
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follows: |
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Sec. 1001.076. CRIME LABORATORY ACCREDITATION PROCESS. The |
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department by rule shall establish an accreditation process for |
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crime laboratories and other entities conducting forensic analyses |
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of physical evidence for use in criminal proceedings. In adopting |
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rules under this section, the department shall consult with the |
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Texas Forensic Science Commission established under Article 38.01, |
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Code of Criminal Procedure. |
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Sec. 1001.077. DNA LABORATORY AUDIT PROGRAM. (a) In |
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consultation with the Texas Forensic Science Commission |
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established under Article 38.01, Code of Criminal Procedure, the |
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department shall establish a DNA laboratory audit program to |
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conduct periodic unannounced audits of DNA laboratories in this |
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state that conduct forensic analyses of physical evidence for use |
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in criminal proceedings. |
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(b) The program established under Subsection (a) must |
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include: |
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(1) an on-site review by experienced forensic DNA |
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analysts of forensic work recently performed by the DNA laboratory |
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being audited, including an examination of any DNA record created |
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by the laboratory and whether the laboratory followed all |
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applicable quality control steps in creating the record; |
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(2) in circumstances determined by the department by |
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rule, an off-site retrospective reexamination of one or more DNA |
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samples analyzed by the laboratory; and |
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(3) the imposition of sanctions on laboratories that |
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fail to take appropriate corrective action as required by the |
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department. |
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(c) The department shall prepare a written report |
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summarizing each audit conducted under this section and provide the |
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report to the audited laboratory not later than the 30th day after |
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the date the audit is completed. The report must include the |
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findings of the audit and must specify whether the laboratory must |
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take any corrective action. |
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(d) An audit conducted under this section is in addition to |
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any audit conducted by the public safety director of the Department |
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of Public Safety under Section 411.144, Government Code. |
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(e) The department shall adopt rules to implement this |
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section. |
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SECTION 4. Section 411.0205, Government Code, is repealed. |
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SECTION 5. (a) Not later than December 1, 2009, the Texas |
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Forensic Science Commission shall adopt the standards required by |
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Section 4a, Article 38.01, Code of Criminal Procedure, as added by |
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this Act. |
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(b) Not later than December 1, 2009, the Department of State |
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Health Services shall adopt the rules required by Sections 1001.076 |
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and 1001.077, Health and Safety Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |