- (a) Autopsy-related complaints. The Commission's General Counsel may dismiss complaints related to the portion of an autopsy conducted by a medical examiner or licensed physician as falling outside the Commission's statutory jurisdiction without bringing the complaint before the Complaint Screening Committee or a quorum of Commissioners for consideration.
- (b) DNA mixture complaints. The General Counsel may refer complaints and requests involving DNA mixtures to the statewide DNA Mixture Triage Team or other responsible entity without bringing the complaints and requests before the Complaint Screening Committee or a quorum of Commissioners for consideration. The General Counsel shall provide the total number of complaints and inquiries referred to the statewide DNA Mixture Triage Team to the Commission at each quarterly meeting during which such referrals are made.
- (c) Non-physical evidence complaints. The General Counsel may dismiss complaints not related to an examination or test on physical evidence, because such complaints fall outside the Commission's jurisdiction as they are not "forensic analysis" complaints as defined by Article 38.35, Code of Criminal Procedure.
- (d) Right to re-open. Any Commission member has a right to reopen cases dismissed pursuant to subsections (a)- (c) of this section. Commission staff must maintain a list of complaints dismissed under this subsection for periodic distribution to Commission members.
Source Note:The provisions of this §651.306 adopted to be effective January 30, 2018, 43 TexReg 473.