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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
 
 
  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.
feedback