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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 15TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER DPROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES
RULE §651.306Dismissal for Lack of Jurisdiction

(a) Autopsy-related complaints. The Commission's General Counsel may 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 without bringing the complaint before the Complaint Screening Committee or a quorum of Commissioners for consideration.

(b) DNA mixture complaints. The General Counsel may refer complaints and requests involving DNA mixtures to the statewide DNA Mixture Triage Team or other responsible entity without bringing the complaints and requests before the Complaint Screening Committee or a quorum of Commissioners for consideration. The General Counsel shall 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 dismiss the following categories of complaints without bringing the complaints before the Complaint Screening Committee or a quorum of Commissioners for consideration:

  (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 maintain a list of complaints dismissed under this subsection.


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

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