Bill Text: TX SB1331 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the regulation of individuals and entities that conduct forensic analyses, examinations, and tests.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1331 Detail]
Download: Texas-2019-SB1331-Comm_Sub.html
By: Hinojosa | S.B. No. 1331 | |
(Nevárez) | ||
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relating to the regulation of individuals and entities that conduct | ||
forensic analyses, examinations, and tests. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2, Article 38.01, Code of Criminal | ||
Procedure, is amended by adding Subdivision (4-a) to read as | ||
follows: | ||
(4-a) "Forensic examination or test not subject to | ||
accreditation" means an examination or test described by Articles | ||
38.35(a)(4)(A), (B), (C), and (D) that is exempt from | ||
accreditation. | ||
SECTION 2. Article 38.01, Code of Criminal Procedure, is | ||
amended by adding Section 3-b to read as follows: | ||
Sec. 3-b. CODE OF PROFESSIONAL RESPONSIBILITY. (a) The | ||
commission shall adopt a code of professional responsibility to | ||
regulate the conduct of persons, laboratories, facilities, and | ||
other entities regulated under this article. | ||
(b) The commission shall publish the code of professional | ||
responsibility adopted under Subsection (a). | ||
(c) The commission shall adopt rules establishing sanctions | ||
for code violations. | ||
(d) The commission shall update the code of professional | ||
responsibility as necessary to reflect changes in science, | ||
technology, or other factors affecting the persons, laboratories, | ||
facilities, and other entities regulated under this article. | ||
SECTION 3. Sections 4(a), (a-1), (b-1), and (c), Article | ||
38.01, Code of Criminal Procedure, are amended to read as follows: | ||
(a) The commission shall: | ||
(1) develop and implement a reporting system through | ||
which a crime laboratory may report professional negligence or | ||
professional misconduct; | ||
(2) require a crime laboratory that conducts forensic | ||
analyses to report professional negligence or professional | ||
misconduct to the commission; and | ||
(3) investigate, in a timely manner, any allegation of | ||
professional negligence or professional misconduct that would | ||
substantially affect the integrity of: | ||
(A) the results of a forensic analysis conducted | ||
by a crime laboratory; | ||
(B) an examination or test that is conducted by a | ||
crime laboratory and that is a forensic examination or test not | ||
subject to accreditation; or | ||
(C) testimony related to an analysis, | ||
examination, or test described by Paragraph (A) or (B). | ||
(a-1) The commission may initiate [ |
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examination or test not subject to accreditation, without receiving | ||
a complaint[ |
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under Subsection (a)(1), [ |
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majority vote of a quorum of the members of the commission that an | ||
investigation of the [ |
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would advance the integrity and reliability of forensic science in | ||
this state. | ||
(b-1) If the commission conducts an investigation under | ||
Subsection (a)(3) of a crime laboratory that is not accredited | ||
under this article or the investigation involves a forensic | ||
examination or test not subject to accreditation [ |
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the investigation may include the preparation of a written report | ||
that contains: | ||
(1) observations of the commission regarding the | ||
integrity and reliability of the applicable [ |
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examination, or test conducted; | ||
(2) best practices identified by the commission during | ||
the course of the investigation; or | ||
(3) other recommendations that are relevant, as | ||
determined by the commission. | ||
(c) The commission by contract may delegate the duties | ||
described by Subsections (a)(1) and (3) and Sections 4-d(b)(1), | ||
(b-1), and (d) to any person the commission determines to be | ||
qualified to assume those duties. | ||
SECTION 4. Sections 4-a(c) and (d), Article 38.01, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(c) The commission by rule may establish voluntary | ||
licensing programs for forensic examinations or tests [ |
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(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; [ |
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(D) successful completion of proficiency testing | ||
to the extent required for crime laboratory accreditation; and | ||
(E) minimum standards for character and fitness, | ||
including consideration of an applicant's criminal history and any | ||
other information that may indicate whether the person possesses | ||
the requisite honesty, trustworthiness, or integrity to be a | ||
license holder; | ||
(2) set fees for the issuance and renewal of a license; | ||
and | ||
(3) establish the term of a forensic analyst license. | ||
SECTION 5. Section 4-d(b-1), Article 38.01, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(b-1) As part of the accreditation process established and | ||
implemented under Subsection (b), the commission may: | ||
(1) establish minimum standards that relate to the | ||
timely production of a forensic analysis to the agency requesting | ||
the analysis and that are consistent with this article and | ||
applicable laws; | ||
(2) validate or approve specific forensic methods or | ||
methodologies; and | ||
(3) establish procedures, policies, standards, and | ||
practices to improve the quality of forensic analyses conducted in | ||
this state. | ||
SECTION 6. This Act takes effect September 1, 2019. |