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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment by the Texas Forensic Science |
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Commission of a DNA laboratory audit program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 38.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 2. DEFINITIONS [DEFINITION]. In this article: |
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(1) "DNA laboratory," "DNA record," and "DNA sample" |
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have the meanings assigned by Section 411.141, Government Code. |
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(2) "Forensic[, "forensic] analysis" has the meaning |
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assigned by Article 38.35(a). |
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SECTION 2. 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. DNA LABORATORY AUDIT PROGRAM. (a) The |
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commission 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. |
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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 work recently performed by the DNA laboratory being |
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audited, including an examination of any DNA record created by the |
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laboratory and whether the laboratory followed all applicable |
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quality control steps in creating the record; and |
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(2) in circumstances determined by the commission 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. |
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(c) The commission 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) If the report described by Subsection (c) requires a DNA |
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laboratory to take corrective action, the commission shall: |
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(1) not earlier than the 30th day after the date the |
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report is provided to the laboratory under Subsection (c), perform |
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a subsequent evaluation of the laboratory to review the |
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laboratory's implementation of any required corrective action; and |
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(2) prepare a written report of the findings of the |
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evaluation. |
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(e) The commission shall make all reports completed under |
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Subsections (c) and (d) available to the public. If the commission |
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requires a DNA laboratory to take corrective action under |
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Subsection (c), the commission may not make the report summarizing |
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the initial audit available to the public until the commission |
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makes available to the public the subsequent report completed under |
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Subsection (d). |
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(f) The commission promptly shall submit to the public |
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safety director of the Department of Public Safety any report |
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completed under Subsection (c) or (d) that relates to a DNA |
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laboratory that is accredited or seeking accreditation by the |
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department. |
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(g) 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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(h) A report completed under Subsection (c) or (d), in a |
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subsequent civil or criminal proceeding, is not prima facie |
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evidence of the information or findings contained in the report. |
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(i) The commission shall adopt rules to implement this |
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section. |
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SECTION 3. Section 7, Article 38.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 7. SUBMISSION. The commission shall submit any report |
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received under Section 4(a)(2) and any report prepared under |
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Section 4(b)(1) or Section 4A(c) or (d) to the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives not later than December 1 of each even-numbered |
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year. |
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SECTION 4. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |