Bill Text: TX SB694 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the authority of the Texas Forensic Science Commission to conduct investigations of forensic analyses conducted in connection with a civil proceeding.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-02-25 - Referred to State Affairs [SB694 Detail]
Download: Texas-2013-SB694-Introduced.html
| 83R6066 GCB-D | ||
| By: Carona | S.B. No. 694 | |
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| relating to the authority of the Texas Forensic Science Commission | ||
| to conduct investigations of forensic analyses conducted in | ||
| connection with a civil proceeding. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 38.01, Code of Criminal Procedure, is | ||
| amended by adding Section 4A to read as follows: | ||
| Sec. 4A. PERMISSIVE INVESTIGATION IN CIVIL PROCEEDINGS. | ||
| (a) Notwithstanding Section 2 of this article, for purposes of this | ||
| section, "forensic analysis" means a medical, chemical, | ||
| toxicologic, ballistic, or other expert examination or test | ||
| performed for use in any civil proceeding. | ||
| (b) The commission may investigate an allegation of | ||
| professional negligence or misconduct alleged by any person to have | ||
| been committed by a laboratory, facility, or entity that conducts | ||
| forensic analyses in preparation for a civil proceeding, including | ||
| a proceeding under Title 1 or 5, Family Code, regardless of whether | ||
| that laboratory, facility, or entity is accredited under Section | ||
| 411.0205, Government Code, if the commission determines that: | ||
| (1) the alleged professional negligence or misconduct | ||
| would substantially affect the integrity of the results of a | ||
| forensic analysis; and | ||
| (2) the investigation is in the best interests of | ||
| advancing forensic science in this state. | ||
| (c) If the commission conducts an investigation under this | ||
| section, the commission shall prepare a report that satisfies the | ||
| requirements for a report prepared under Section 4(b)(1). | ||
| SECTION 2. 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 4A(c) 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 3. 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, 2013. | ||
