88R11551 MEW-F
By: Harris of Williamson, Hull H.B. No. 3506
A BILL TO BE ENTITLED
AN ACT
relating to the removal of certain DNA samples from certain DNA
databases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 38.01, Code of Criminal
Procedure, is amended by adding Subdivision (3-a) to read as
follows:
(3-a) "Elimination sample" means a blood sample or
other biological sample or specimen voluntarily provided:
(A) by an individual to compare the individual's
DNA to another DNA sample and exclude the person from consideration
as the suspect or offender in a criminal case; or
(B) by the victim of an offense or another
individual not involved in the alleged offense whose DNA is likely
to be present at the scene of the crime to isolate and identify the
DNA of a potential perpetrator.
SECTION 2. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 4-e to read as follows:
Sec. 4-e. RULES FOR REMOVAL OF CERTAIN DNA RECORDS FROM DNA
DATABASE. The commission shall adopt rules requiring each crime
laboratory that maintains a DNA database to, not later than three
months after the date on which a forensic DNA analysis of an
elimination sample is completed, remove from the DNA database the
DNA record created from the elimination sample and any other
information derived from that record that is contained in the
database.
SECTION 3. Section 411.141, Government Code, is amended by
adding Subdivision (8-a) to read as follows:
(8-a) "Elimination sample" means a blood sample or
other biological sample or specimen voluntarily provided:
(A) by an individual to compare the individual's
DNA to another DNA sample and exclude the person from consideration
as the suspect or offender in a criminal case; or
(B) by the victim of an offense or another
individual not involved in the alleged offense whose DNA is likely
to be present at the scene of the crime to isolate and identify the
DNA of a potential perpetrator.
SECTION 4. Section 411.142(g), Government Code, is amended
to read as follows:
(g) The DNA database may contain DNA records for the
following:
(1) an individual described by this subchapter,
including Section 411.1471, 411.148, or 411.154;
(2) [a biological specimen of a deceased victim of a
crime;
[(3)] a biological specimen that is legally obtained
in the investigation of a crime, regardless of origin;
(3) [(4)] results of testing ordered by a court under
this subchapter, Article 64.03, Code of Criminal Procedure, or
other law permitting or requiring the creation of a DNA record;
(4) [(5)] an unidentified missing person, or
unidentified skeletal remains or body parts;
(5) [(6)] a close biological relative of a person who
has been reported missing to a law enforcement agency;
(6) [(7)] a person at risk of becoming lost, such as a
child or a person declared by a court to be mentally incapacitated,
if the record is required by court order or a parent, conservator,
or guardian of the person consents to the record; or
(7) [(8)] an unidentified person, if the record does
not contain personal identifying information.
SECTION 5. Subchapter G, Chapter 411, Government Code, is
amended by adding Section 411.1431 to read as follows:
Sec. 411.1431. REMOVAL OF ELIMINATION SAMPLE DNA RECORD
FROM DNA DATABASE. Notwithstanding Section 411.142(g), not later
than three months after the date on which a forensic DNA analysis of
an elimination sample is completed, the director shall remove from
the DNA database the DNA record created from the elimination sample
and all information derived from that record that is contained in
the database.
SECTION 6. As soon as practicable after the effective date
of this Act but not later than December 1, 2023:
(1) the Texas Forensic Science Commission shall:
(A) adopt rules for the removal of elimination
sample DNA records from a crime laboratory's DNA database, as
required by Section 4-e, Article 38.01, Code of Criminal Procedure,
as added by this Act; and
(B) require each crime laboratory to remove all
elimination sample DNA records and any information derived from
those records that have been stored in a DNA database maintained by
the crime laboratory for a period of more than three months; and
(2) the public safety director of the Department of
Public Safety shall remove all elimination sample DNA records and
any information derived from those records that have been stored in
the DNA database maintained by the director for a period of more
than three months.
SECTION 7. This Act takes effect September 1, 2023.