(a) Autopsy-related complaints. The Commission's General
Counsel may make a recommendation that the Commission dismiss complaints
related to the portion of an autopsy conducted by a medical examiner
or licensed physician as falling outside the Commission's statutory
jurisdiction.
(b) DNA mixture complaints. The General Counsel may
recommend that the Commission refer complaints and requests involving
DNA mixtures to the statewide DNA Mixture Triage Team or other responsible
entity. The General Counsel must provide the total number of complaints
and inquiries referred to the statewide DNA Mixture Triage Team to
the Commission at each quarterly meeting during which such referrals
are made.
(c) Non-forensic analysis complaints. The General Counsel
may recommend that the Commission dismiss the following categories
of complaints:
(1) those the General Counsel does not consider to
include 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;
(2) those the General Counsel believes constitute a
presumptive test performed for the purpose of determining compliance
with a term or condition of community supervision or parole and conducted
by or under contract with a community supervision and corrections
department, the parole division of the Texas Department of Criminal
Justice, or the Board of Pardons and Paroles; or
(3) those the General Counsel believes constitute an
expert examination or test conducted principally for the purpose of
scientific research, medical practice, civil or administrative litigation,
or other purpose unrelated to determining the connection of the evidence
to a criminal action.
(d) Right to re-open. Any Commission member has a right
to reopen cases dismissed pursuant to subsections (a)-(c) of this
section. Commission staff must present a summary of complaints dismissed
under this subsection to the Commission for approval by a majority
of a quorum of commissioners at each quarterly meeting.
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Source Note: The provisions of this §651.306 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective February 10, 2020, 45 TexReg 919; amended to be effective February 25, 2024, 49 TexReg 877 |