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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 §651.303Statutory Requirements for Commission Investigations

(a) If the Commission conducts an investigation under §651.301(a)(3) of this subchapter of a crime laboratory that is required to be accredited under Code of Criminal Procedure, article 38.01 §4-d pursuant to an allegation of professional negligence or professional misconduct involving an accredited field of forensic science, the investigation:

  (1) must include the preparation of a written report that identifies and also describes the methods or procedures used to identify:

    (A) the alleged negligence or misconduct;

    (B) whether negligence or misconduct occurred;

    (C) any corrective action required of the laboratory, facility, or entity;

    (D) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;

    (E) best practices identified by the Commission during the course of the investigation; and

    (F) other recommendations that are relevant, as determined by the Commission; and

  (2) may include one or more:

    (A) retrospective reexaminations of other forensic analyses conducted by the laboratory, facility or entity that may involve some kind of negligence or misconduct; and

    (B) follow-up evaluations of the laboratory, facility or entity to review the implementation of any corrective action required or the conclusion of any retrospective reexamination.

(b) If the Commission conducts an investigation under §651.301(a)(3) of this subchapter of a crime laboratory that is not accredited under this article or the investigation is conducted pursuant to an allegation involving a forensic method or methodology that is not an accredited field of forensic science, the investigation may include the preparation of a written report that contains:

  (1) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;

  (2) best practices identified by the Commission during the course of the investigation; or

  (3) other recommendations that are relevant, as determined by the Commission.

(c) If the Commission conducts an investigation of a forensic analysis under §651.301(b) of this subchapter, the investigation must include the preparation of a written report that contains:

  (1) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;

  (2) best practices identified by the Commission during the course of the investigation; and

  (3) other recommendations that are relevant, as determined by the Commission.

(d) The Commission by contract may delegate the duties described in §§651.301(a)(1) and (3) to any person the Commission determines to be qualified to assume those duties.

(e) The Commission may require that a crime laboratory investigated under this subchapter pay any costs incurred to ensure compliance with this section.

(f) The Commission shall make all investigation reports completed under this subchapter available to the public. A report completed under this subchapter, in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.

(g) The Commission may not make a determination of whether professional negligence or professional misconduct occurred or issue a finding on that question in an investigation initiated under §651.301(b) of this subchapter or for which an investigation report may be prepared under subsection (b) of this section.

(h) The Commission may review and refer cases that are subject of an investigation under §651.301(a) or (b) to the office of capital and forensic writs in accordance with Section 78.0545(b), Government Code.


Source Note: The provisions of this §651.303 adopted to be effective January 30, 2018, 43 TexReg 473

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