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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition and duties of and investigations |
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conducted by the Texas Forensic Science Commission, the |
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administrative attachment of the Texas Forensic Science Commission |
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to Sam Houston State University, and the accreditation of criminal |
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laboratories by the Department of Public Safety of the State of |
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Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 38.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 2. DEFINITIONS [DEFINITION]. In this article: |
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(1) "Accredited field of forensic science" means a |
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specific forensic method or methodology validated or approved by |
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the public safety director of the Department of Public Safety under |
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Section 411.0205(b-1)(2), Government Code, as part of the |
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accreditation process for crime laboratories established by rule |
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under Section 411.0205(b) of that code. |
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(2) "Commission" means the Texas Forensic Science |
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Commission. |
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(3) "Crime laboratory" has the meaning assigned by |
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Article 38.35. |
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(4) "Forensic analysis" means a medical, chemical, |
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toxicologic, ballistic, or other expert examination or test |
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performed on physical evidence, including DNA evidence, for the |
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purpose of determining the connection of the evidence to a criminal |
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action, except that the term does not include the portion of an |
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autopsy conducted by a medical examiner or other forensic |
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pathologist who is a licensed physician[, "forensic analysis" has
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the meaning assigned by Article 38.35(a)]. |
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SECTION 2. Subsections (a) and (b), Section 3, Article |
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38.01, Code of Criminal Procedure, are amended to read as follows: |
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(a) The commission is composed of [the following] nine |
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members[:
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[(1) four members] appointed by the governor as |
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follows: |
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(1) two members who [(A) two of whom] must have |
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expertise in the field of forensic science; |
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(2) [(B)] one member who [of whom] must be a |
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prosecuting attorney that the governor selects from a list of 10 |
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names submitted by the Texas District and County Attorneys |
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Association; |
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(3) [and
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[(C)] one member who [of whom] must be a defense |
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attorney that the governor selects from a list of 10 names submitted |
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by the Texas Criminal Defense Lawyers Association; |
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(4) one member who [(2)
three members appointed by the
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lieutenant governor:
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[(A) one of whom] must be a faculty member or |
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staff member of The University of Texas who specializes in clinical |
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laboratory medicine that the governor selects [selected] from a |
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list of 10 names submitted [to the lieutenant governor] by the |
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chancellor of The University of Texas System; |
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(5) one member who [(B) one of whom] must be a faculty |
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member or staff member of Texas A&M University who specializes in |
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clinical laboratory medicine that the governor selects [selected] |
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from a list of 10 names submitted [to the lieutenant governor] by |
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the chancellor of The Texas A&M University System; |
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(6) one member who [(C) one of whom] must be a faculty |
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member or staff member of Texas Southern University that the |
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governor selects [who has expertise in pharmaceutical laboratory
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research selected] from a list of 10 names submitted [to the
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lieutenant governor] by the chancellor of Texas Southern |
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University; |
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(7) one member who [and
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[(3) two members appointed by the attorney general:
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[(A) one of whom] must be a director or division |
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head of the University of North Texas Health Science Center at Fort |
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Worth Missing Persons DNA Database; and |
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(8) one member who [(B) one of whom] must be a faculty |
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or staff member of the Sam Houston State University College of |
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Criminal Justice and have expertise in the field of forensic |
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science or statistical analyses that the governor selects |
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[selected] from a list of 10 names submitted [to the lieutenant
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governor] by the chancellor of the Texas State University System. |
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(b) Each member of the commission serves a two-year term. |
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The terms expire [term of the members appointed under Subsections
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(a)(1) and (2) expires] on September 1 of: |
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(1) each odd-numbered year, for a member appointed |
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under Subsection (a)(1), (2), (3), or (4); and |
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(2) [.
The term of the members appointed under
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Subsection (a)(3) expires on September 1 of] each even-numbered |
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year, for a member appointed under Subsection (a)(5), (6), (7), or |
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(8). |
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SECTION 3. Section 4, Article 38.01, Code of Criminal |
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Procedure, is amended by amending Subsections (a), (b), (d), and |
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(e) and adding Subsections (a-1), (b-1), (b-2), (f), and (g) to read |
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as follows: |
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(a) The commission shall: |
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(1) develop and implement a reporting system through |
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which a crime laboratory may [accredited laboratories, facilities,
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or entities] report professional negligence or professional |
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misconduct; |
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(2) require a crime laboratory [all laboratories,
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facilities, or entities] that conducts [conduct] forensic analyses |
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to report professional negligence or professional misconduct to the |
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commission; and |
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(3) investigate, in a timely manner, any allegation of |
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professional negligence or professional misconduct that would |
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substantially affect the integrity of the results of a forensic |
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analysis conducted by a crime laboratory [an accredited laboratory,
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facility, or entity]. |
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(a-1) The commission may initiate for educational purposes |
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an investigation of a forensic analysis without receiving a |
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complaint, submitted through the reporting system implemented |
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under Subsection (a)(1), that contains an allegation of |
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professional negligence or professional misconduct involving the |
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forensic analysis conducted if the commission determines by a |
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majority vote of a quorum of the members of the commission that an |
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investigation of the forensic analysis would advance the integrity |
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and reliability of forensic science in this state. |
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(b) If the commission conducts an [An] investigation under |
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Subsection (a)(3) of a crime laboratory that is accredited by the |
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Department of Public Safety under Section 411.0205, Government |
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Code, pursuant to an allegation of professional negligence or |
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professional misconduct involving an accredited field of forensic |
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science, the investigation: |
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(1) must include the preparation of a written report |
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that identifies and also describes the methods and procedures used |
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to identify: |
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(A) the alleged negligence or misconduct; |
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(B) whether negligence or misconduct occurred; |
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[and] |
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(C) any corrective action required of the |
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laboratory, facility, or entity; |
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(D) observations of the commission regarding the |
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integrity and reliability of the forensic analysis conducted; |
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(E) best practices identified by the commission |
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during the course of the investigation; and |
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(F) other recommendations that are relevant, as |
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determined by the commission; and |
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(2) may include one or more: |
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(A) retrospective reexaminations of other |
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forensic analyses conducted by the laboratory, facility, or entity |
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that may involve the same kind of negligence or misconduct; and |
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(B) follow-up evaluations of the laboratory, |
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facility, or entity to review: |
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(i) the implementation of any corrective |
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action required under Subdivision (1)(C); or |
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(ii) the conclusion of any retrospective |
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reexamination under Paragraph (A). |
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(b-1) If the commission conducts an investigation under |
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Subsection (a)(3) of a crime laboratory that is not accredited by |
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the Department of Public Safety under Section 411.0205, Government |
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Code, or the investigation is conducted pursuant to an allegation |
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involving a forensic method or methodology that is not an |
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accredited field of forensic science, the investigation may include |
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the preparation of a written report that contains: |
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(1) observations of the commission regarding the |
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integrity and reliability of the forensic analysis conducted; |
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(2) best practices identified by the commission during |
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the course of the investigation; or |
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(3) other recommendations that are relevant, as |
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determined by the commission. |
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(b-2) If the commission conducts an investigation of a |
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forensic analysis under Subsection (a-1), the investigation must |
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include the preparation of a written report that contains: |
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(1) observations of the commission regarding the |
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integrity and reliability of the forensic analysis conducted; |
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(2) best practices identified by the commission during |
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the course of the investigation; and |
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(3) other recommendations that are relevant, as |
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determined by the commission. |
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(d) The commission may require that a crime laboratory[,
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facility, or entity] investigated under this section pay any costs |
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incurred to ensure compliance with Subsection (b), (b-1), or (b-2) |
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[(b)(1)]. |
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(e) The commission shall make all investigation reports |
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completed under Subsection (b), (b-1), or (b-2) [(b)(1)] available |
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to the public. A report completed under Subsection (b), (b-1), or |
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(b-2) [(b)(1)], in a subsequent civil or criminal proceeding, is |
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not prima facie evidence of the information or findings contained |
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in the report. |
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(f) The commission may not make a determination of whether |
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professional negligence or professional misconduct occurred or |
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issue a finding on that question in an investigation initiated |
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under Subsection (a-1) or for which an investigation report may be |
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prepared under Subsection (b-1). |
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(g) The commission may not issue a finding related to the |
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guilt or innocence of a party in an underlying civil or criminal |
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trial involving conduct investigated by the commission under this |
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article. |
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SECTION 4. Article 38.01, Code of Criminal Procedure, is |
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amended by adding Sections 8, 9, 10, and 11 to read as follows: |
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Sec. 8. ANNUAL REPORT. Not later than December 1 of each |
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year, the commission shall prepare and publish a report that |
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includes: |
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(1) a description of each complaint filed with the |
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commission during the preceding 12-month period, the disposition of |
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each complaint, and the status of any complaint still pending on |
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December 31; |
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(2) a description of any specific forensic method or |
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methodology the commission recommends to the public safety director |
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of the Department of Public Safety for validation or approval under |
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Section 411.0205(b-1)(2), Government Code, as part of the |
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accreditation process for crime laboratories established by rule |
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under Section 411.0205(b) of that code; |
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(3) recommendations for best practices concerning the |
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definition of "forensic analysis" provided by statute or by rule of |
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the Department of Public Safety; |
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(4) developments in forensic science made or used in |
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other state or federal investigations and the activities of the |
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commission, if any, with respect to those developments; and |
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(5) other information that is relevant to |
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investigations involving forensic science, as determined by the |
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presiding officer of the commission. |
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Sec. 9. ADMINISTRATIVE ATTACHMENT TO SAM HOUSTON STATE |
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UNIVERSITY. (a) The commission is administratively attached to |
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Sam Houston State University. |
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(b) The Board of Regents of the Texas State University |
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System shall provide administrative support to the commission as |
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necessary to carry out the purposes of this article. |
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(c) Only the commission may exercise the duties of the |
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commission under this article. Except as provided by Subsection |
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(b), neither the Board of Regents of the Texas State University |
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System nor Sam Houston State University has any authority or |
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responsibility with respect to the duties of the commission under |
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this article. |
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Sec. 10. OPEN RECORDS LIMITATION. Information that is |
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filed as part of an allegation of professional misconduct or |
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professional negligence or that is obtained during an investigation |
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of an allegation of professional misconduct or professional |
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negligence is not subject to release under Chapter 552, Government |
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Code, until the conclusion of an investigation by the commission |
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under Section 4. |
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Sec. 11. REPORT INADMISSIBLE AS EVIDENCE. A written report |
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prepared by the commission under this article is not admissible in a |
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civil or criminal action. |
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SECTION 5. Section 411.0205, Government Code, is amended by |
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adding Subsection (b-3) to read as follows: |
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(b-3) The director shall require that a laboratory, |
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facility, or entity that must be accredited under this section, as |
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part of the accreditation process, agree to consent to any request |
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for cooperation by the Texas Forensic Science Commission that is |
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made as part of the exercise of the commission's duties under |
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Article 38.01, Code of Criminal Procedure. |
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SECTION 6. The term of a person appointed under former |
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Subdivision (3), Subsection (a), Section 3, Article 38.01, Code of |
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Criminal Procedure, as that law existed immediately before the |
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effective date of this Act, expires September 1, 2014, and the |
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governor shall appoint a person to fill each vacancy on that date in |
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accordance with Subdivisions (7) and (8), Subsection (a), Section |
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3, Article 38.01, Code of Criminal Procedure, as amended by this |
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Act. On the expiration of a term under former Subdivision (1) or |
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(2), Subsection (a), Section 3, Article 38.01, Code of Criminal |
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Procedure, as that law existed immediately before the effective |
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date of this Act, the governor shall appoint a person to fill each |
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vacancy in accordance with Subdivision (1), (2), (3), (4), (5), or |
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(6), Subsection (a), Section 3, Article 38.01, Code of Criminal |
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Procedure, as amended by this Act, as applicable. |
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SECTION 7. Not later than December 1, 2014, the Texas |
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Forensic Science Commission shall submit the first annual report |
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required by Section 8, Article 38.01, Code of Criminal Procedure, |
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as added by this Act. |
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SECTION 8. 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. |