|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the licensing and regulation of forensic analysts and |
|
the administration of the Texas Forensic Science Commission; |
|
authorizing fees; requiring an occupational license. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 3(a), Article 38.01, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) The commission is composed of nine members appointed by |
|
the governor as follows: |
|
(1) two members who must have expertise in the field of |
|
forensic science; |
|
(2) one member who must be a prosecuting attorney that |
|
the governor selects from a list of 10 names submitted by the Texas |
|
District and County Attorneys Association; |
|
(3) one member who must be a defense attorney that the |
|
governor selects from a list of 10 names submitted by the Texas |
|
Criminal Defense Lawyers Association; |
|
(4) one member who must be a faculty member or staff |
|
member of The University of Texas who specializes in clinical |
|
laboratory medicine that the governor selects from a list of five |
|
[10] names submitted by the chancellor of The University of Texas |
|
System; |
|
(5) one member who must be a faculty member or staff |
|
member of Texas A&M University who specializes in clinical |
|
laboratory medicine that the governor selects from a list of five |
|
[10] names submitted by the chancellor of The Texas A&M University |
|
System; |
|
(6) one member who must be a faculty member or staff |
|
member of Texas Southern University that the governor selects from |
|
a list of five [10] names submitted by the chancellor of Texas |
|
Southern University; |
|
(7) one member who must be a director or division head |
|
of the University of North Texas Health Science Center at Fort Worth |
|
Missing Persons DNA Database; and |
|
(8) one member who must be a faculty or staff member of |
|
the Sam Houston State University College of Criminal Justice and |
|
have expertise in the field of forensic science or statistical |
|
analyses that the governor selects from a list of five [10] names |
|
submitted by the chancellor of the Texas State University System. |
|
SECTION 2. Article 38.01, Code of Criminal Procedure, is |
|
amended by adding Sections 3-a, 4-a, 4-b, and 4-c to read as |
|
follows: |
|
Sec. 3-a. RULES. The commission shall adopt rules |
|
necessary to implement this article. |
|
Sec. 4-a. FORENSIC ANALYST LICENSING. |
|
(a) Notwithstanding Section 2, in this section: |
|
(1) "Forensic analysis" has the meaning assigned by |
|
Article 38.35. |
|
(2) "Forensic analyst" means a person who on behalf of |
|
a crime laboratory accredited by the Department of Public Safety |
|
under Section 411.0205, Government Code, technically reviews or |
|
performs a forensic analysis or draws conclusions from or |
|
interprets a forensic analysis for a court or crime laboratory. The |
|
term does not include a medical examiner or other forensic |
|
pathologist who is a licensed physician. |
|
(b) A person may not act or offer to act as a forensic |
|
analyst unless the person holds a forensic analyst license. The |
|
commission by rule may establish classifications of forensic |
|
analyst licenses if the commission determines that it is necessary |
|
to ensure the availability of properly trained and qualified |
|
forensic analysts to perform activities regulated by the |
|
commission. |
|
(c) The commission by rule may establish voluntary |
|
licensing programs for forensic disciplines that are not subject to |
|
accreditation by the Department of Public Safety under Section |
|
411.0205, Government Code. |
|
(d) The commission by rule shall: |
|
(1) establish the qualifications for a license that |
|
include: |
|
(A) successful completion of the education |
|
requirements established by the commission; |
|
(B) specific course work and experience, |
|
including instruction in courtroom testimony and ethics in a crime |
|
laboratory; |
|
(C) successful completion of an examination |
|
required or recognized by the commission; and |
|
(D) successful completion of proficiency testing |
|
to the extent required for crime laboratory accreditation; |
|
(2) set fees for the issuance and renewal of a license; |
|
and |
|
(3) establish the term of a forensic analyst license. |
|
(e) The commission by rule may recognize a certification |
|
issued by a national organization in an accredited field of |
|
forensic science as satisfying the requirements established under |
|
Subsection (d)(1)(C) to the extent the commission determines the |
|
content required to receive the certification is substantially |
|
equivalent to the content of the requirements under that |
|
subsection. |
|
(f) The commission shall issue a license to an applicant |
|
who: |
|
(1) submits an application on a form prescribed by the |
|
commission; |
|
(2) meets the qualifications established by |
|
commission rule; and |
|
(3) pays the required fee. |
|
Sec. 4-b. ADVISORY COMMITTEE. (a) The commission shall |
|
establish an advisory committee to advise the commission and make |
|
recommendations on matters related to the licensing of forensic |
|
analysts under Section 4-a. |
|
(b) The advisory committee consists of nine members as |
|
follows: |
|
(1) one prosecuting attorney recommended by the Texas |
|
District and County Attorneys Association; |
|
(2) one defense attorney recommended by the Texas |
|
Criminal Defense Lawyers Association; and |
|
(3) seven members who are forensic scientists, crime |
|
laboratory directors, or crime laboratory quality managers, |
|
selected by the commission from a list of 20 names submitted by the |
|
Texas Association of Crime Laboratory Directors. |
|
(c) The commission shall ensure that appointments under |
|
Subsection (b)(3) include representation from municipal, county, |
|
state, and private crime laboratories that are accredited by the |
|
Department of Public Safety under Section 411.0205, Government |
|
Code. |
|
(d) The advisory committee members serve staggered two-year |
|
terms, with the terms of four or five members, as appropriate, |
|
expiring on August 31 of each year. An advisory committee member |
|
may not serve more than two consecutive terms. A vacancy on the |
|
advisory committee is filled by appointing a member in the same |
|
manner as the original appointment to serve for the unexpired |
|
portion of the term. |
|
(e) The advisory committee shall elect a presiding officer |
|
from among its members to serve a one-year term. A member may serve |
|
more than one term as presiding officer. |
|
(f) The advisory committee shall meet annually and at the |
|
call of the presiding officer or the commission. |
|
(g) An advisory committee member is not entitled to |
|
compensation. A member is entitled to reimbursement for actual and |
|
necessary expenses incurred in performing duties as a member of the |
|
advisory committee subject to the General Appropriations Act. |
|
(h) Chapter 2110, Government Code, does not apply to the |
|
advisory committee. |
|
Sec. 4-c. DISCIPLINARY ACTION. (a) On a determination by |
|
the commission that a license holder has committed professional |
|
misconduct under this article or violated this article or a rule or |
|
order of the commission under this article, the commission may: |
|
(1) revoke or suspend the person's license; |
|
(2) refuse to renew the person's license; or |
|
(3) reprimand the license holder. |
|
(b) The commission may place on probation a person whose |
|
license is suspended. If a license suspension is probated, the |
|
commission may require the license holder to: |
|
(1) report regularly to the commission on matters that |
|
are the basis of the probation; or |
|
(2) continue or review continuing professional |
|
education until the license holder attains a degree of skill |
|
satisfactory to the commission in those areas that are the basis of |
|
the probation. |
|
(c) Disciplinary proceedings of the commission are governed |
|
by Chapter 2001, Government Code. |
|
SECTION 3. Section 9, Article 38.01, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 9. ADMINISTRATIVE ATTACHMENT TO DEPARTMENT OF PUBLIC |
|
SAFETY [SAM HOUSTON STATE UNIVERSITY]. (a) The commission is |
|
administratively attached to the Department of Public Safety [Sam
|
|
Houston State University]. |
|
(b) The Department of Public Safety [Board of Regents of the
|
|
Texas State University System] shall provide administrative |
|
support to the commission as necessary to carry out the purposes of |
|
this article. |
|
(c) Only the commission may exercise the duties of the |
|
commission under this article. Except as provided by Subsection |
|
(b), the Department of Public Safety [neither the Board of Regents
|
|
of the Texas State University System nor Sam Houston State
|
|
University] has no [any] authority or responsibility with respect |
|
to the duties of the commission under this article. |
|
SECTION 4. Not later than January 1, 2016, the Texas |
|
Forensic Science Commission shall appoint the members of the |
|
advisory committee in accordance with Section 4-b, Article 38.01, |
|
Code of Criminal Procedure, as added by this Act. In making the |
|
appointments, the commission shall designate: |
|
(1) four members to serve terms expiring August 31, |
|
2016; and |
|
(2) five members to serve terms expiring August 31, |
|
2017. |
|
SECTION 5. Not later than January 1, 2017, the Texas |
|
Forensic Science Commission shall make recommendations to the |
|
legislature regarding suggested changes to the licensing of |
|
forensic analysts as established by this Act, including |
|
recommendations regarding the issuance of licenses to individuals |
|
practicing as forensic analysts on the effective date of this Act. |
|
SECTION 6. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2015. |
|
(b) Section 4-a(b), Article 38.01, Code of Criminal |
|
Procedure, as added by this Act, takes effect January 1, 2019. |