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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Forensic Science Commission |
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to conduct investigations of forensic analyses conducted in |
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connection with a civil proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. PERMISSIVE INVESTIGATION IN CIVIL PROCEEDINGS. |
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(a) Notwithstanding Section 2 of this article, for purposes of this |
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section, "forensic analysis" means a medical, chemical, |
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toxicologic, ballistic, or other expert examination or test |
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performed for use in any civil proceeding. |
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(b) The commission may investigate an allegation of |
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professional negligence or misconduct alleged by any person to have |
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been committed by a laboratory, facility, or entity that conducts |
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forensic analyses in preparation for a civil proceeding, including |
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a proceeding under Title 1 or 5, Family Code, regardless of whether |
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that laboratory, facility, or entity is accredited under Section |
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411.0205, Government Code, if the commission determines that: |
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(1) the alleged professional negligence or misconduct |
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would substantially affect the integrity of the results of a |
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forensic analysis; and |
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(2) the investigation is in the best interests of |
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advancing forensic science in this state. |
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(c) If the commission conducts an investigation under this |
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section, the commission shall prepare a report that satisfies the |
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requirements for a report prepared under Section 4(b)(1). |
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SECTION 2. 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 4A(c) to the governor, the lieutenant governor, |
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and the speaker of the house of representatives not later than |
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December 1 of each even-numbered year. |
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SECTION 3. 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, 2013. |