|
|
|
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. |