Bill Summary – FastDemocracy

      
            S.B. No. 991
         
               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 p
Statutes affected: 
Introduced:  ()
Senate Committee Report:  ()
Engrossed:  ()
House Committee Report:  ()
Enrolled:  ()




	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 p Statutes affected: Introduced: () Senate Committee Report: () Engrossed: () House Committee Report: () Enrolled: ()