Bill Text: TX SB991 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the establishment of a crime laboratory portal by the Department of Public Safety of the State of Texas and to disciplinary proceedings applicable to a crime laboratory or license holder investigated by the Texas Forensic Science Commission.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB991 Detail]

Download: Texas-2023-SB991-Comm_Sub.html

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By: Hinojosa, et al. S.B. No. 991
(Leach)

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a crime laboratory portal by the
Department of Public Safety of the State of Texas and 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 [a] license holder or crime laboratory [who is the
subject of the determination]. The notice must:
(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 [license holder
committed professional misconduct or violated this article or a
commission rule or order under this article]. If the Judicial
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. Chapter 411, Government Code, is amended by
adding Subchapter G-1 to read as follows:
SUBCHAPTER G-1. CRIME LABORATORY PORTAL
Sec. 411.161. DEFINITIONS. In this subchapter, "crime
laboratory," "criminal action," and "forensic analysis" have the
meanings assigned by Article 38.35, Code of Criminal Procedure.
Sec. 411.162. CRIME LABORATORY PORTAL. The department by
rule shall establish and maintain a central computerized portal
that facilitates the process for requesting crime laboratory
records and for transferring those records among crime
laboratories, attorneys representing the state, and parties
authorized to access the records as a part of discovery under
Article 39.14, Code of Criminal Procedure. The portal may not be
used as a central repository for crime laboratory records.
Sec. 411.163. MANDATORY CRIME LABORATORY PARTICIPATION;
DISCIPLINARY ACTION. (a) A crime laboratory that performs a
forensic analysis for use in a criminal action shall participate,
in accordance with department rule, in the transfer of crime
laboratory records using the crime laboratory portal established
under Section 411.162. The department by rule may exempt a crime
laboratory from the requirements of this subsection if the
department determines that the crime laboratory:
(1) is located outside of this state; and
(2) performs an insufficient number of forensic
analyses in criminal actions in this state to warrant participation
in the crime laboratory portal.
(b) A crime laboratory that violates Subsection (a) is
subject to disciplinary action by the Texas Forensic Science
Commission in the same manner as if the laboratory had otherwise
violated accreditation standards under Article 38.01, Code of
Criminal Procedure.
Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY
PORTAL. The attorney representing the state in a criminal action
shall ensure that the defendant or the defendant's attorney, as
appropriate, is able to access and use the crime laboratory portal
under Section 411.162 to request any crime laboratory records that
are subject to discovery under Article 39.14, Code of Criminal
Procedure.
SECTION 3. This Act takes effect September 1, 2023.