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A BILL TO BE ENTITLED
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AN ACT
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relating to crime scene investigation services; authorizing fees. |
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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 4-e to read as follows: |
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Sec. 4-e. CRIME SCENE INVESTIGATOR CERTIFICATION. (a) The |
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commission by rule shall: |
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(1) establish the qualifications for a certification |
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that include: |
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(A) successful completion of the education |
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requirements established by the commission; |
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(B) specific coursework and experience; and |
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(C) successful completion of an examination |
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required or recognized by the commission; |
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(2) set fees for the issuance and renewal of a |
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certification; and |
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(3) establish the term of a crime scene investigator |
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certification. |
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(b) The commission by rule may recognize a certification |
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issued by a national organization specializing in crime scene |
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investigation as satisfying the requirements established under |
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Subsection (a) to the extent the commission determines the content |
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required to receive the certification is substantially equivalent |
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to the content of the requirements under that subsection. |
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(c) The commission shall issue a certification to an |
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applicant who: |
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(1) submits an application on a form prescribed by the |
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commission; |
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(2) meets the qualifications established by |
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commission rule; and |
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(3) pays the required fee. |
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SECTION 2. Section 252.022, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This chapter does not apply to an expenditure for crime |
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scene investigation services conducted by a law enforcement agency, |
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crime laboratory, or medical examiner's office if the law |
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enforcement agency, crime laboratory, or medical examiner's |
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office: |
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(1) is accredited under Section 4-d, Article 38.01, |
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Code of Criminal Procedure; or |
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(2) employs: |
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(A) more than 10 crime scene investigators and at |
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least 20 percent of the crime scene investigators are certified |
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under Section 4-e, Article 38.01, Code of Criminal Procedure; or |
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(B) 10 crime scene investigators or fewer and at |
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least one of the crime scene investigators is certified under |
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Section 4-e, Article 38.01, Code of Criminal Procedure. |
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SECTION 3. Subchapter C, Chapter 262, Local Government |
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Code, is amended by adding Section 262.0242 to read as follows: |
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Sec. 262.0242. MANDATORY EXEMPTION: CRIME SCENE |
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INVESTIGATION SERVICES. Section 262.023 does not apply to the |
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purchase of crime scene investigation services conducted by a law |
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enforcement agency, crime laboratory, or medical examiner's office |
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if the law enforcement agency, crime laboratory, or medical |
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examiner's office: |
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(1) is accredited under Section 4-d, Article 38.01, |
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Code of Criminal Procedure; or |
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(2) employs: |
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(A) more than 10 crime scene investigators and at |
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least 20 percent of the crime scene investigators are certified |
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under Section 4-e, Article 38.01, Code of Criminal Procedure; or |
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(B) 10 crime scene investigators or fewer and at |
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least one of the crime scene investigators is certified under |
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Section 4-e, Article 38.01, Code of Criminal Procedure. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Forensic Science Commission shall adopt the |
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rules necessary to implement Section 4-e, Article 38.01, Code of |
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Criminal Procedure, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |