The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Accredited field of forensic science--means a specific
forensic method or methodology validated or approved by the Commission
under Article 38.01, Code of Criminal Procedure §4-d as part
of the accreditation process for crime laboratories.
(2) Crime laboratory--has the meaning assigned by Article
38.35, Code of Criminal Procedure.
(3) Forensic analysis--has the meaning assigned by
Article 38.01, Code of Criminal Procedure.
(4) Forensic pathology--includes that portion of an
autopsy conducted by a medical examiner or other forensic pathologist
who is a licensed physician.
(5) Accredited laboratory--includes a public or private
laboratory or other entity that conducts forensic analysis as defined
in Article 38.35, Code of Criminal Procedure and is accredited by
a national accrediting body recognized by the Commission and listed
in §651.4 of this title (relating to List of Recognized Accrediting
Bodies).
(6) Physical evidence--has the meaning assigned by
Article 38.35, Code of Criminal Procedure.
(7) Professional misconduct--means the forensic analyst
or crime laboratory, through a material act or omission, deliberately
failed to follow a standard of practice that an ordinary forensic
analyst or crime laboratory would have followed, and the deliberate
act or omission would substantially affect the integrity of the results
of a forensic analysis. An act or omission was deliberate if the forensic
analyst or crime laboratory was aware of and consciously disregarded
an accepted standard of practice.
(8) Professional negligence--means the forensic analyst
or crime laboratory, through a material act or omission, negligently
failed to follow the standard of practice that an ordinary forensic
analyst or crime laboratory would have followed, and the negligent
act or omission would substantially affect the integrity of the results
of a forensic analysis. An act or omission was negligent if the forensic
analyst or crime laboratory should have been but was not aware of
an accepted standard of practice.
(9) For purposes of these definitions, the term "standard
of practice" includes any of the activities engaged in by a "forensic
analyst" as those activities are defined in Article 38.01, Code of
Criminal Procedure. "Forensic analyst" means a person who on behalf
of a crime laboratory accredited under Article 38.01, Code of Criminal
Procedure technically reviews or performs a forensic analysis or draws
conclusions from or interprets a forensic analysis for a court or
crime laboratory.
(10) The term "would substantially affect the integrity
of the results of a forensic analysis" does not necessarily require
that a criminal case be impacted or a report be issued to a customer
in error. The term includes acts or omissions that would call into
question the integrity of the forensic analysis, the forensic analyst
or analysts, or the crime laboratory as a whole regardless of the
ultimate outcome in the underlying criminal case.
(11) Final investigative report--means a required,
written report issued by the Commission pursuant to Article 38.01,
Code of Criminal Procedure §4(b).
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| Source Note: The provisions of this §651.302 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective July 15, 2019, 44 TexReg 3550; amended to be effective April 6, 2020, 45 TexReg 2320; amended to be effective August 26, 2020, 45 TexReg 5932 |
