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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a crime laboratory portal by the |
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Department of Public Safety of the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter G-1 to read as follows: |
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SUBCHAPTER G-1. CRIME LABORATORY PORTAL |
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Sec. 411.161. DEFINITIONS. In this subchapter, "crime |
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laboratory," "criminal action," and "forensic analysis" have the |
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meanings assigned by Article 38.35, Code of Criminal Procedure. |
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Sec. 411.162. CRIME LABORATORY PORTAL. The department by |
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rule shall establish and maintain a central computerized portal |
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that facilitates the process for requesting crime laboratory |
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records and for transferring those records among crime |
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laboratories, attorneys representing the state, and parties |
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authorized to access the records as a part of discovery under |
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Article 39.14, Code of Criminal Procedure. The portal may not be |
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used as a central repository for crime laboratory records. |
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Sec. 411.163. MANDATORY CRIME LABORATORY PARTICIPATION; |
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DISCIPLINARY ACTION. (a) A crime laboratory that performs a |
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forensic analysis for use in a criminal action shall participate, |
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in accordance with department rule, in the transfer of crime |
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laboratory records using the crime laboratory portal established |
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under Section 411.162. |
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(b) A crime laboratory that violates Subsection (a) is |
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subject to disciplinary action by the Texas Forensic Science |
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Commission in the same manner as if the laboratory had otherwise |
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violated accreditation standards under Article 38.01, Code of |
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Criminal Procedure. |
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Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY |
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PORTAL. The attorney representing the state in a criminal action |
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shall ensure that the defendant or the defendant's attorney, as |
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appropriate, is able to access and use the crime laboratory portal |
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under Section 411.162 to request any crime laboratory records that |
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are subject to discovery under Article 39.14, Code of Criminal |
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Procedure. |
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SECTION 2. This Act takes effect September 1, 2023. |