Bill Text: TX SB1834 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to disciplinary proceedings applicable to a crime laboratory or license holder investigated by the Texas Forensic Science Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Criminal Justice [SB1834 Detail]
Download: Texas-2023-SB1834-Introduced.html
88R11487 AJZ-F | ||
By: Hinojosa | S.B. No. 1834 |
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relating to disciplinary proceedings applicable to a crime | ||
laboratory or license holder investigated by the Texas Forensic | ||
Science Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 4-c(a), (c), (d), and (e), Article | ||
38.01, Code of Criminal Procedure, are amended to read as follows: | ||
(a) On a determination by the commission that a license | ||
holder or crime laboratory has committed professional negligence or | ||
professional misconduct under this article, violated the code of | ||
professional responsibility under this article, or otherwise | ||
violated this article or a rule or order of the commission under | ||
this article, the commission may, as applicable: | ||
(1) revoke or suspend the person's license or crime | ||
laboratory's accreditation; | ||
(2) refuse to renew the person's license or crime | ||
laboratory's accreditation; or | ||
(3) reprimand the license holder or crime laboratory. | ||
(c) The commission shall give written notice by certified | ||
mail of a determination described by Subsection (a) to the | ||
applicable [ |
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(1) include a brief summary of the alleged negligence, | ||
misconduct, or violation; | ||
(2) state the disciplinary action taken by the | ||
commission; and | ||
(3) inform the license holder or crime laboratory of | ||
the license holder's or crime laboratory's right to a hearing before | ||
the Judicial Branch Certification Commission on the occurrence of | ||
the negligence, misconduct, or violation, the imposition of a | ||
disciplinary action, or both. | ||
(d) Not later than the 20th day after the date the license | ||
holder or crime laboratory receives the notice under Subsection | ||
(c), the license holder or crime laboratory may accept the | ||
disciplinary action or request a hearing by submitting a written | ||
request to the Judicial Branch Certification Commission to contest | ||
the findings of fact or conclusions of law, the occurrence of the | ||
negligence, misconduct, or violation, or the imposition of a | ||
disciplinary action, as applicable. If the license holder or crime | ||
laboratory fails to timely submit a request, the commission's | ||
disciplinary action becomes final and is not subject to review by | ||
the Judicial Branch Certification Commission. | ||
(e) If the license holder or crime laboratory requests a | ||
hearing, the Judicial Branch Certification Commission shall | ||
conduct a hearing to determine whether there is substantial | ||
evidence to support the determination under Subsection (a) that the | ||
negligence, misconduct, or violation occurred [ |
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Branch Certification Commission upholds the determination, the | ||
Judicial Branch Certification Commission shall determine the type | ||
of disciplinary action to be taken. The Judicial Branch | ||
Certification Commission shall conduct the hearing, and any appeal | ||
of that commission's decision, in accordance with the procedures | ||
provided by Subchapter B, Chapter 153, Government Code, as | ||
applicable, and the rules of the Judicial Branch Certification | ||
Commission. | ||
SECTION 2. This Act takes effect September 1, 2023. |