By: Hinojosa	S.B. No. 1658

	A BILL TO BE ENTITLED
	AN ACT
	relating to the duties of and investigations conducted by the Texas
	Forensic Science Commission, the administrative attachment of the
	Texas Forensic Science Commission to Sam Houston State University,
	and the accreditation of criminal laboratories by the Department of
	Public Safety of the State of Texas.
	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 [DEFINITION].  In this article:
	(1)  "Accredited field of forensic science" means a
	specific forensic method or methodology validated or approved by
	the public safety director of the Department of Public Safety under
	Section 411.0205(b-1)(2), Government Code, as part of the
	accreditation process for crime laboratories established by rule
	under Section 411.0205(b) of that code.
	(2)  "Commission" means the Texas Forensic Science
	Commission.
	(3)  "Crime laboratory" has the meaning assigned by
	Article 38.35.
	(4)  "Forensic analysis" means a medical, chemical,
	toxicologic, ballistic, or other expert examination or test
	performed on physical evidence, including DNA evidence, for the
	purpose of determining the connection of the evidence to a criminal
	action[, "forensic analysis" has the meaning assigned by Article
	38.35(a)].
	SECTION 2.  Subsections (a) and (b), Section 3, Article
	38.01, Code of Criminal Procedure, are amended to read as follows:
	(a)  The commission is composed of the following seven [nine]
	members[:
	[(1)  four members] appointed by the governor:
	(1)  five who [(A) two of whom] must have expertise in
	the field of forensic science;
	(2) [(B)]  one who [of whom] must be a prosecuting
	attorney that the governor selects from a list of 10 names submitted
	by the Texas District and County Attorneys Association; and
	(3) [(C)]  one who [of whom] must be a defense attorney
	that the governor selects from a list of 10 names submitted by the
	Texas Criminal Defense Lawyers Association[;
	[(2)     three members appointed by the lieutenant
	governor:
	[(A)     one of whom must be a faculty member or staff
	member of The University of Texas who specializes in clinical
	laboratory medicine selected from a list of 10 names submitted to
	the lieutenant governor by the chancellor of The University of
	Texas System;
	[(B)     one of whom must be a faculty member or staff
	member of Texas A&M University who specializes in clinical
	laboratory medicine selected from a list of 10 names submitted to
	the lieutenant governor by the chancellor of The Texas A&M
	University System;
	[(C)     one of whom must be a faculty member or staff
	member of Texas Southern University who has expertise in
	pharmaceutical laboratory research selected from a list of 10 names
	submitted to the lieutenant governor by the chancellor of Texas
	Southern University; and
	[(3)  two members appointed by the attorney general:
	[(A)     one of whom must be a director or division
	head of the University of North Texas Health Science Center at Fort
	Worth Missing Persons DNA Database; and
	[(B)     one of whom must be a faculty or staff member
	of the Sam Houston State University College of Criminal Justice and
	have expertise in the field of forensic science or statistical
	analyses selected from a list of 10 names submitted to the
	lieutenant governor by the chancellor of Texas State University
	System].
	(b)  Each member of the commission serves a two-year term.
	The terms [term] of the members appointed under Subsection
	[Subsections] (a)(1) expire [and (2) expires] on September 1 of
	each even-numbered [odd-numbered] year.  The terms [term] of the
	members appointed under Subsections (a)(2) and [Subsection] (a)(3)
	expire [expires] on September 1 of each odd-numbered
	[even-numbered] year.
	SECTION 3.  Section 4, Article 38.01, Code of Criminal
	Procedure, is amended by amending Subsections (a), (b), (d), and
	(e) and adding Subsections (a-1), (b-1), (b-2), (f), and (g) to read
	as follows:
	(a)  The commission shall:
	(1)  develop and implement a reporting system through
	which a crime laboratory may [accredited laboratories, facilities,
	or entities] report professional negligence or misconduct;
	(2)  require a crime laboratory [all laboratories,
	facilities, or entities] that conducts [conduct] forensic analyses
	to report professional negligence or 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 the results of a forensic
	analysis conducted by a crime laboratory [an accredited laboratory,
	facility, or entity].
	(a-1)  The commission may initiate for educational purposes
	an investigation of a forensic analysis without a report containing
	an allegation of professional negligence or professional
	misconduct involving the forensic analysis conducted if the
	commission determines by a majority vote of the members of the
	commission that an investigation of the forensic analysis would
	advance the integrity and reliability of forensic science in this
	state.
	(b)  If the commission conducts an [An] investigation under
	Subsection (a)(3) of a crime laboratory that is accredited by the
	Department of Public Safety under Section 411.0205, Government
	Code, pursuant to an allegation of professional negligence or
	professional misconduct involving an accredited field of forensic
	science, the investigation:
	(1)  must include the preparation of a written report
	that identifies and also describes the methods and procedures used
	to identify:
	(A)  the alleged negligence or misconduct;
	(B)  whether negligence or misconduct occurred;
	[and]
	(C)  any corrective action required of the
	laboratory, facility, or entity;
	(D)  observations of the commission regarding the
	integrity and reliability of the forensic analysis conducted;
	(E)  best practices identified by the commission
	during the course of the investigation; and
	(F)  other recommendations that are relevant, as
	determined by the commission; and
	(2)  may include one or more:
	(A)  retrospective reexaminations of other
	forensic analyses conducted by the laboratory, facility, or entity
	that may involve the same kind of negligence or misconduct; and
	(B)  follow-up evaluations of the laboratory,
	facility, or entity to review:
	(i)  the implementation of any corrective
	action required under Subdivision (1)(C); or
	(ii)  the conclusion of any retrospective
	reexamination under Paragraph (A).
	(b-1)  If the commission conducts an investigation under
	Subsection (a)(3) of a crime laboratory that is not accredited by
	the Department of Public Safety under Section 411.0205, Government
	Code, or the investigation is conducted pursuant to an allegation
	involving a forensic method or methodology that is not an
	accredited field of forensic science, the investigation may include
	the preparation of a written report that contains:
	(1)  observations of the commission regarding the
	integrity and reliability of the forensic analysis conducted;
	(2)  best practices identified by the commission during
	the course of the investigation; and
	(3)  other recommendations that are relevant, as
	determined by the commission.
	(b-2)  If the commission conducts an investigation of a
	forensic analysis under Subsection (a-1), the investigation must
	include the preparation of a written report that contains:
	(1)  observations of the commission regarding the
	integrity and reliability of the forensic analysis conducted;
	(2)  best practices identified by the commission during
	the course of the investigation; and
	(3)  other recommendations that are relevant, as
	determined by the commission.
	(d)  The commission may require that a crime laboratory[,
	facility, or entity] investigated under this section pay any costs
	incurred to ensure compliance with Subsection (b), (b-1), or (b-2)
	[Subsection (b)(1)].
	(e)  The commission shall make all investigation reports
	completed under Subsection (b), (b-1), or (b-2) [(b)(1)] available
	to the public.  A report completed under Subsection (b), (b-1), or
	(b-2) [(b)(1)], in a subsequent civil or criminal proceeding, is
	not prima facie evidence of the information or findings contained
	in the report.
	(f)  The commission may not make a determination of whether
	professional negligence or professional misconduct occurred or
	issue a finding on that question in an investigation initiated
	under Subsection (a-1) or for which an investigation report may be
	prepared under Subsection (b-1).
	(g)  The commission may not issue a finding related to the
	guilt or innocence of a party in an underlying civil or criminal
	trial involving conduct investigated by the commission under this
	article.
	SECTION 4.  Article 38.01, Code of Criminal Procedure, is
	amended by adding Sections 8, 9, 10, and 11 to read as follows:
	Sec. 8.  ANNUAL REPORT. Not later than December 1 of each
	year, the commission shall prepare and publish a report that
	includes:
	(1)  a description of each complaint filed with the
	commission during the preceding 12-month period, the disposition of
	each complaint, and the status of any complaint still pending on
	December 31;
	(2)  a description of any specific forensic method or
	methodology the commission recommends to the public safety director
	of the Department of Public Safety for validation or approval under
	Section 411.0205(b-1)(2), Government Code, as part of the
	accreditation process for crime laboratories established by rule
	under Section 411.0205(b) of that code;
	(3)  recommendations for best practices concerning the
	definition of "forensic analysis" provided by statute or by rule of
	the Department of Public Safety;
	(4)  developments in forensic science made or used in
	other state or federal investigations and the activities of the
	commission, if any, with respect to those developments; and
	(5)  other information that is relevant to
	investigations involving forensic science, as determined by the
	presiding officer of the commission.
	Sec. 9.  ADMINISTRATIVE ATTACHMENT TO SAM HOUSTON STATE
	UNIVERSITY. (a)  The commission is administratively attached to
	Sam Houston State University.
	(b)  The Board of Regents, Texas State University System,
	shall provide administrative support to the commission as necessary
	to carry out the purposes of this article.
	(c)  Only the commission may exercise the duties of the
	commission under this article. Except as provided by Subsection
	(b), neither the Board of Regents, Texas State University System,
	nor Sam Houston State University has any authority or
	responsibility with respect to the duties of the commission under
	this article.
	Sec. 10.  OPEN RECORDS LIMITATION. Information that is
	filed as part of an allegation of professional misconduct or
	professional negligence or that is obtained during an investigation
	of an allegation of professional misconduct or professional
	negligence is not subject to release under Chapter 552, Government
	Code, until the conclusion of an investigation by the commission
	under Section 4.
	Sec. 11.  REPORT INADMISSIBLE AS EVIDENCE. A written report
	prepared by the commission under this article is not admissible in a
	civil or criminal action.
	SECTION 5.  Section 411.0205, Government Code, is amended by
	adding Subsection (b-3) to read as follows:
	(b-3)  The director shall require that a laboratory,
	facility, or entity that must be accredited under this section, as
	part of the accreditation process, agree to consent to any request
	for cooperation by the Texas Forensic Science Commission that is
	made as part of the exercise of the commission's duties under
	Article 38.01, Code of Criminal Procedure.
	SECTION 6.  (a)  Notwithstanding any other law, the terms of
	the members of the Texas Forensic Science Commission appointed
	under Subsections (a)(1)(A), (a)(2), and (a)(3), Section 3, Article
	38.01, Code of Criminal Procedure, and serving on the effective
	date of this Act expire on the date the last appointment to the
	commission is made under Subsection (b) of this section.
	(b)  Not later than January 1, 2012, the governor shall
	appoint five members of the Texas Forensic Science Commission, as
	required by Subsection (a)(1), Section 3, Article 38.01, Code of
	Criminal Procedure, as amended by this Act.
	SECTION 7.  Not later than December 1, 2012, the Texas
	Forensic Science Commission shall submit the first annual report
	required by Section 8, Article 38.01, Code of Criminal Procedure,
	as added by this Act.
	SECTION 8.  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.