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CONCURRENT RESOLUTION
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WHEREAS, The DNA testing backlog in Texas is estimated to be |
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several thousand cases despite the investment of millions of |
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taxpayer dollars to expedite the process; moreover, evidence from |
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tens of thousands of rape cases has not even been submitted to the |
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crime lab for testing and is currently in police storage; and |
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WHEREAS, Law enforcement officials depend on DNA technology |
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to help identify the guilty and protect victims' rights to justice |
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and due process, but current FBI guidelines for forensic DNA |
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testing laboratories create significant obstacles to efficient DNA |
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testing; and |
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WHEREAS, Private laboratories must meet the exact same |
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accreditation and quality assurance standards as government-run |
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labs, yet the FBI requires that all private lab data also be |
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rechecked by public labs, even though no such independent review of |
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public lab data is required; and |
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WHEREAS, Often, the burden for public labs to verify private |
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lab data has resulted in a decision not to enter into public-private |
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partnerships, in spite of the fact that such partnerships could |
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substantially reduce the backlog of cases awaiting analysis; and |
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WHEREAS, The City of Los Angeles, whose public lab is perhaps |
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the largest user of private lab assistance, has testified that it |
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does not find any meaningful errors in its review of private lab |
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analyses that would justify the current requirement; and |
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WHEREAS, In order to remain competitive in the marketplace, |
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private labs perform testing at a substantially lower cost than |
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public labs and are constantly investing in improvements that go |
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above and beyond minimum accreditation standards; still, this |
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cost-effective resource is underutilized; and |
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WHEREAS, Creating guidelines that facilitate public-private |
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partnerships is an inexpensive way to reduce the backlog, bring |
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justice to victims, protect taxpayer dollars, and help law |
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enforcement officers do their job; now, therefore, be it |
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RESOLVED, That the 82nd Legislature of the State of Texas |
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hereby express support for the current FBI effort to reevaluate |
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existing policies, standards, and protocols for forensic DNA |
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testing laboratories, including the requirement that private lab |
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data be reviewed by public laboratories, and express its support |
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for any new policies, standards, and protocols that would hold |
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public and private labs to the same standards, audits, and review |
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process; and, be it further |
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RESOLVED, That the legislature respectfully urge the |
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Congress of the United States to pass any necessary federal |
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legislation that ensures continued quality in forensic science |
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while holding public and private lab DNA analysis to the same |
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standards, audits, and review process; and, be it further |
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RESOLVED, That the legislature further encourage Texas law |
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enforcement agencies at the state, county, and municipal levels to |
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use efficient forensic science review methods that will reduce and |
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eliminate DNA testing backlogs, thereby ensuring swift justice and |
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relief for the taxpayers in this state; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |