82R4050 NAJ-D
 
  By: Madden H.B. No. 3383
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to private DNA laboratories performing forensic analyses
  on samples or specimens related to the investigation or prosecution
  of certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter G, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER G. DNA [DATABASE SYSTEM]
         SECTION 2.  Subchapter G, Chapter 411, Government Code, is
  amended by adding Sections 411.155 and 411.156 to read as follows:
         Sec. 411.155.  FORENSIC ANALYSES PERFORMED BY PRIVATE DNA
  LABORATORIES:  CERTAIN OFFENSES AGAINST PROPERTY. (a)  This
  section applies only to a sample or specimen related to the
  investigation or prosecution of an offense under Chapter 28, 29,
  30, or 31, Penal Code.
         (b)  A law enforcement agency may submit a sample or specimen
  described by Subsection (a) to a private DNA laboratory for
  forensic analysis if:
               (1)  the private DNA laboratory is accredited by:
                     (A)  the department; and
                     (B)  the American Society of Crime Laboratory
  Directors, Forensic Quality Services-International, or any other
  nonprofit professional association of persons actively involved in
  forensic science that is nationally recognized within the forensic
  science community; and
               (2)  the law enforcement agency pays all costs of the
  analysis.
         Sec. 411.156.  QUALITY ASSURANCE REVIEW FOR FORENSIC
  ANALYSES PERFORMED BY PRIVATE DNA LABORATORIES. (a)  In this
  section, "analyst" means a person employed at a DNA laboratory who
  is qualified to perform a forensic analysis on a sample or specimen
  derived from a human body, physical evidence, or a crime scene.
         (b)  Subject to Subsection (c), with respect to forensic
  analyses performed by a private DNA laboratory under Section
  411.155, a public DNA laboratory that services the geographic area
  where the private DNA laboratory is located shall perform the
  quality assurance reviews required by the FBI.
         (c)  If the public DNA laboratory does not have adequate
  resources to perform the necessary quality assurance reviews, the
  public DNA laboratory shall enter into a barter agreement with the
  private DNA laboratory with respect to which the quality assurance
  reviews must be performed. Under the barter agreement, the private
  DNA laboratory shall perform forensic DNA analyses for the public
  DNA laboratory in relation to the investigation or prosecution of a
  variety of offenses:
               (1)  at no cost to the public DNA laboratory; and
               (2)  in a volume necessary to enable the public DNA
  laboratory to perform all necessary quality assurance reviews
  described by this section.
         (d)  The barter agreement required by Subsection (c) must
  include the following conditions:
               (1)  an analyst employed at the public DNA laboratory
  must perform quality assurance reviews each week on 50 samples or
  specimens analyzed by the private DNA laboratory;
               (2)  the public DNA laboratory is not required to
  perform a quality assurance review on a sample or specimen that
  fails to generate a DNA profile meeting the requirements necessary
  for uploading the sample or specimen to the CODIS database;
               (3)  the private DNA laboratory must agree to perform a
  set amount of forensic analyses, as calculated under Subsection
  (e), each week for the public DNA laboratory at no charge;
               (4)  subject to Subdivision (2), the public DNA
  laboratory must perform a quality assurance review on each of the
  forensic analyses performed by the private DNA laboratory under
  Subdivision (3); and
               (5)  the private DNA laboratory must perform forensic
  analyses on different types or categories of samples or specimens,
  such as a category relating to unscreened sexual assault evidence
  collection kits, in a proportion equal to the different types or
  categories of samples and specimens received for purposes of
  analysis by the public DNA laboratory during the 12-month period
  preceding the date of the agreement.
         (e)  The set amount of forensic analyses performed at no
  charge each week by a private DNA laboratory under Subsection
  (d)(3) is equal to the total number of samples or specimens for
  which the public DNA laboratory has performed forensic analyses
  during the 12-month period preceding the date of the agreement,
  divided by the number of analysts employed at the public DNA
  laboratory during that period, and further divided by 52.
         (f)  The public DNA laboratory is entitled to retain any
  costs saved as a result of the barter agreement and shall use the
  savings, if any, to expedite forensic analyses of samples or
  specimens related to violent offenses.
         SECTION 3.  This Act takes effect September 1, 2011.