(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.
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