H.C.R. No. 42

HOUSE CONCURRENT RESOLUTION

WHEREAS, The DNA testing backlog in Texas is estimated to be several thousand cases despite the investment of millions of taxpayer dollars to expedite the process; moreover, evidence from tens of thousands of rape cases has not even been submitted to the crime lab for testing and is currently in police storage; and

WHEREAS, Law enforcement officials depend on DNA technology to help identify the guilty and protect victims' rights to justice and due process, but current FBI guidelines for forensic DNA testing laboratories create significant obstacles to efficient DNA testing; and

WHEREAS, Private laboratories must meet the exact same accreditation and quality assurance standards as government-run labs, yet the FBI requires that all private lab data also be rechecked by public labs, even though no such independent review of public lab data is required; and

WHEREAS, Often, the burden for public labs to verify private lab data has resulted in a decision not to enter into public-private partnerships, in spite of the fact that such partnerships could substantially reduce the backlog of cases awaiting analysis; and

WHEREAS, The City of Los Angeles, whose public lab is perhaps the largest user of private lab assistance, has testified that it does not find any meaningful errors in its review of private lab analyses that would justify the current requirement; and

WHEREAS, In order to remain competitive in the marketplace, private labs perform testing at a substantially lower cost than public labs and are constantly investing in improvements that go above and beyond minimum accreditation standards; still, this cost-effective resource is underutilized; and

WHEREAS, Creating guidelines that facilitate public-private partnerships is an inexpensive way to reduce the backlog, bring justice to victims, protect taxpayer dollars, and help law enforcement officers do their job; now, therefore, be it

RESOLVED, That the 82nd Legislature of the State of Texas hereby express support for the current FBI effort to reevaluate existing policies, standards, and protocols for forensic DNA testing laboratories, including the requirement that private lab data be reviewed by public laboratories, and express its support for any new policies, standards, and protocols that would hold public and private labs to the same standards, audits, and review process; and, be it further

RESOLVED, That the legislature respectfully urge the Congress of the United States to pass any necessary federal legislation that ensures continued quality in forensic science while holding public and private lab DNA analysis to the same standards, audits, and review process; and, be it further

RESOLVED, That the legislature further encourage Texas law enforcement agencies at the state, county, and municipal levels to use efficient forensic science review methods that will reduce and eliminate DNA testing backlogs, thereby ensuring swift justice and relief for the taxpayers in this state; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the president of the Senate and the speaker of the House of Representatives of the United States Congress, and to all the members of the Texas delegation to Congress with the request that this resolution be entered in the Congressional Record as a memorial to the Congress of the United States of America.

Madden

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.C.R. No. 42 was adopted by the House on May 3, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.C.R. No. 42 was adopted by the Senate on May 23, 2011, by the following vote: Yeas 31, Nays 0 .

______________________________ Secretary of the Senate APPROVED: __________________

Date

__________________

Governor