Bill Text: TX SB1419 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Criminal Justice [SB1419 Detail]
Download: Texas-2011-SB1419-Introduced.html
82R217 CJC-D | ||
By: Hinojosa | S.B. No. 1419 |
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relating to the establishment by the Texas Forensic Science | ||
Commission of a DNA laboratory audit program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2, Article 38.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 2. DEFINITIONS [ |
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(1) "DNA laboratory," "DNA record," and "DNA sample" | ||
have the meanings assigned by Section 411.141, Government Code. | ||
(2) "Forensic[ |
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assigned by Article 38.35(a). | ||
SECTION 2. Article 38.01, Code of Criminal Procedure, is | ||
amended by adding Section 4A to read as follows: | ||
Sec. 4A. DNA LABORATORY AUDIT PROGRAM. (a) The commission | ||
shall establish a DNA laboratory audit program to conduct periodic | ||
unannounced audits of DNA laboratories in this state. | ||
(b) The program established under Subsection (a) must | ||
include: | ||
(1) an on-site review by experienced forensic DNA | ||
analysts of work recently performed by the DNA laboratory being | ||
audited, including an examination of any DNA record created by the | ||
laboratory and whether the laboratory followed all applicable | ||
quality control steps in creating the record; and | ||
(2) in circumstances determined by the commission by | ||
rule, an off-site retrospective reexamination of one or more DNA | ||
samples analyzed by the laboratory. | ||
(c) The commission shall prepare a written report | ||
summarizing each audit conducted under this section and provide the | ||
report to the audited laboratory not later than the 30th day after | ||
the date the audit is completed. The report must include the | ||
findings of the audit and must specify whether the laboratory must | ||
take any corrective action. | ||
(d) If the report described by Subsection (c) requires a DNA | ||
laboratory to take corrective action, the commission shall: | ||
(1) not earlier than the 30th day after the date the | ||
report is provided to the laboratory under Subsection (c), perform | ||
a subsequent evaluation of the laboratory to review the | ||
laboratory's implementation of any required corrective action; and | ||
(2) prepare a written report of the findings of the | ||
evaluation. | ||
(e) The commission shall make all reports completed under | ||
Subsections (c) and (d) available to the public. If the commission | ||
requires a DNA laboratory to take corrective action under | ||
Subsection (c), the commission may not make the report summarizing | ||
the initial audit available to the public until the commission | ||
makes available to the public the subsequent report completed under | ||
Subsection (d). | ||
(f) The commission promptly shall submit to the public | ||
safety director of the Department of Public Safety any report | ||
completed under Subsection (c) or (d) that relates to a DNA | ||
laboratory that is accredited or seeking accreditation by the | ||
department. | ||
(g) An audit conducted under this section is in addition to | ||
any audit conducted by the public safety director of the Department | ||
of Public Safety under Section 411.144, Government Code. | ||
(h) A report completed under Subsection (c) or (d), in a | ||
subsequent civil or criminal proceeding, is not prima facie | ||
evidence of the information or findings contained in the report. | ||
(i) The commission shall adopt rules to implement this | ||
section. | ||
SECTION 3. Section 7, Article 38.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 7. SUBMISSION. The commission shall submit any report | ||
received under Section 4(a)(2) and any report prepared under | ||
Section 4(b)(1) or Section 4A(c) or (d) to the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives not later than December 1 of each even-numbered | ||
year. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |