A bill to allow a local option to use private federally certified labs to process criminal case toxicology evidence is scheduled for a hearing.
HB 1228 would allow certified private laboratories to test blood draw samples in driving under the influence (DUI) cases. Currently, only labs with a valid permit and employing methods approved by the state toxicologist can provide the testing. Due to an increase in cases relying on toxicology evidence, the state crime lab has a significant backlog.
AWC supports the bill’s intent to help reduce the state toxicology lab backlog and ensure that cases can be brought in a timely manner but has some concerns about ensuring the quality of testing through private labs certified under the federal standards, and not the state’s toxicology standards.
Gov. Ferguson’s budget priorities also recognize the need for more timely test results by proposing additional funding for the state crime lab to alleviate the backlog in death investigation testing through additional funding for the state lab and the ability to contract with state-accredited labs for processing up to 6,000 death investigation cases a year. Reducing the death investigation backlog will help address the overall backlog of tests for criminal cases, including tests in DUI cases.
Date to remember
HB 1228 is scheduled for a hearing in the House Community Safety Committee on Monday, January 27 at 1:30 pm.