Texas § CR.4-d - CRIME LABORATORY ACCREDITATION PROCESS

§ CR.4-d. CRIME LABORATORY ACCREDITATION PROCESS

CRIME LABORATORY ACCREDITATION PROCESS. (a) Notwithstanding Section 2, in this section "forensic analysis" has the meaning assigned by Article 38.35 . (b) The commission by rule: (1) shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings; and (2) may modify or remove a crime laboratory exemption under this section if the commission determines that the underlying reason for the exemption no longer applies. (b-1) As part of the accreditation process established and implemented under Subsection (b), the commission may: (1) establish minimum standards that relate to the timely production of a forensic analysis to the agency requesting the analysis and that are consistent with this article and applicable laws; (2) validate or approve specific forensic methods or methodologies; and (3) establish procedures, policies, standards, and practices to improve the quality of forensic analyses conducted in this state. (b-2) The commission may require that a laboratory, facility, or entity required to be accredited under this section pay any costs incurred to ensure compliance with the accreditation process. (b-3) A laboratory, facility, or entity that must be accredited under this section shall, as part of the accreditation process, agree to consent to any request for cooperation by the commission that is made as part of the exercise of the commission's duties under this article. (c) The commission by rule may exempt from the accreditation process established under Subsection (b) a crime laboratory conducting a forensic analysis or a type of analysis, examination, or test if the commission determines that: (1) independent accreditation is unavailable or inappropriate for the laboratory or the type of analysis, examination, or test performed by the laboratory; (2) the type of analysis, examination, or test performed by the laboratory is admissible under a well-established rule of evidence or a statute other than Article 38.35 ; (3) the type of analysis, examination, or test performed by the laboratory is routinely conducted outside of a crime laboratory by a person other than an employee of the crime laboratory; or (4) the laboratory: (A) is located outside this state or, if located in this state, is operated by a governmental entity other than the state or a political subdivision of the state; and (B) was accredited at the time of the analysis under an accreditation process with standards that meet or exceed the relevant standards of the process established under Subsection (b). (d) The commission may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this section. (e) The commission may collect costs incurred under this section for accrediting, inspecting, or auditing a crime laboratory. (f) If the commission provides a copy of an audit or other report made under this section, the commission may charge $6 for the copy, in addition to any other cost permitted under Chapter 552 , Government Code, or a rule adopted under that chapter.