Texas 2023 - 88th Regular

Texas House Bill HB3506 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 3506
2	2
3	3
4	4	AN ACT
5	5	relating to the storage in and removal from certain DNA databases of
6	6	certain DNA samples.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 2, Article 38.01, Code of Criminal
9	9	Procedure, is amended by adding Subdivisions (3-a) and (3-b) to
10	10	read as follows:
11	11	(3-a) "DNA QA database" means a database maintained by
12	12	a crime laboratory and used to identify possible contamination or
13	13	other quality assurance events with respect to a DNA sample.
14	14	(3-b) "Elimination sample" means a blood sample or
15	15	other biological sample or specimen voluntarily provided by the
16	16	victim of an offense or another individual not involved in the
17	17	alleged offense whose DNA is likely to be present at the scene of
18	18	the crime to isolate and identify the DNA of a potential
19	19	perpetrator.
20	20	SECTION 2. Article 38.01, Code of Criminal Procedure, is
21	21	amended by adding Section 4-e to read as follows:
22	22	Sec. 4-e. DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN
23	23	DNA RECORDS. The commission shall adopt rules:
24	24	(1) requiring a DNA QA database to be maintained
25	25	separately from any other local, state, or federal database,
26	26	including the CODIS DNA database established by the Federal Bureau
27	27	of Investigation;
28	28	(2) prohibiting a crime laboratory from uploading or
29	29	storing a DNA record created from an elimination sample, or any
30	30	other information derived from that record, in any database other
31	31	than the DNA QA database maintained by the crime laboratory;
32	32	(3) prohibiting a crime laboratory from allowing any
33	33	other person to access the crime laboratory's DNA QA database; and
34	34	(4) requiring each crime laboratory that maintains a
35	35	DNA QA database to, not later than three months after the date on
36	36	which a forensic DNA analysis of an elimination sample is
37	37	completed, remove from the DNA QA database the DNA record created
38	38	from the elimination sample and any other information derived from
39	39	that record that is contained in the database.
40	40	SECTION 3. Section 411.141, Government Code, is amended by
41	41	adding Subdivision (8-a) to read as follows:
42	42	(8-a) "Elimination sample" means a blood sample or
43	43	other biological sample or specimen voluntarily provided by the
44	44	victim of an offense or another individual not involved in the
45	45	alleged offense whose DNA is likely to be present at the scene of
46	46	the crime to isolate and identify the DNA of a potential
47	47	perpetrator.
48	48	SECTION 4. Section 411.142(g), Government Code, is amended
49	49	to read as follows:
50	50	(g) The DNA database may contain DNA records for the
51	51	following:
52	52	(1) an individual described by this subchapter,
53	53	including Section 411.1471, 411.148, or 411.154;
54	54	(2) [a biological specimen of a deceased victim of a
55	55	crime;
56	56	[(3)] a biological specimen that is legally obtained
57	57	in the investigation of a crime, regardless of origin;
58	58	(3) [(4)] results of testing ordered by a court under
59	59	this subchapter, Article 64.03, Code of Criminal Procedure, or
60	60	other law permitting or requiring the creation of a DNA record;
61	61	(4) [(5)] an unidentified missing person, or
62	62	unidentified skeletal remains or body parts;
63	63	(5) [(6)] a close biological relative of a person who
64	64	has been reported missing to a law enforcement agency;
65	65	(6) [(7)] a person at risk of becoming lost, such as a
66	66	child or a person declared by a court to be mentally incapacitated,
67	67	if the record is required by court order or a parent, conservator,
68	68	or guardian of the person consents to the record; or
69	69	(7) [(8)] an unidentified person, if the record does
70	70	not contain personal identifying information.
71	71	SECTION 5. Subchapter G, Chapter 411, Government Code, is
72	72	amended by adding Section 411.1431 to read as follows:
73	73	Sec. 411.1431. INCLUSION OF ELIMINATION SAMPLE IN DNA
74	74	DATABASE PROHIBITED. Notwithstanding Section 411.142(g), a DNA
75	75	record created from an elimination sample and all information
76	76	derived from that record may not be uploaded to, stored in, or
77	77	capable of being searched for in the DNA database.
78	78	SECTION 6. As soon as practicable after the effective date
79	79	of this Act but not later than December 1, 2023:
80	80	(1) the Texas Forensic Science Commission shall:
81	81	(A) adopt rules regarding elimination sample DNA
82	82	records stored in a crime laboratory's DNA QA database, as required
83	83	by Section 4-e, Article 38.01, Code of Criminal Procedure, as added
84	84	by this Act; and
85	85	(B) require each crime laboratory to remove all
86	86	elimination sample DNA records and any information derived from
87	87	those records that have been stored in a DNA QA database maintained
88	88	by the crime laboratory for a period of more than three months; and
89	89	(2) the public safety director of the Department of
90	90	Public Safety shall remove all elimination sample DNA records and
91	91	any information derived from those records that have been stored in
92	92	the DNA database maintained by the director under Subchapter G,
93	93	Chapter 411, Government Code.
94	94	SECTION 7. This Act takes effect September 1, 2023.
95	95	______________________________ ______________________________
96	96	President of the Senate Speaker of the House
97	97	I certify that H.B. No. 3506 was passed by the House on May 9,
98	98	2023, by the following vote: Yeas 142, Nays 0, 2 present, not
99	99	voting; and that the House concurred in Senate amendments to H.B.
100	100	No. 3506 on May 25, 2023, by the following vote: Yeas 137, Nays 0,
101	101	1 present, not voting.
102	102	______________________________
103	103	Chief Clerk of the House
104	104	I certify that H.B. No. 3506 was passed by the Senate, with
105	105	amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
106	106	0.
107	107	______________________________
108	108	Secretary of the Senate
109	109	APPROVED: __________________
110	110	Date
111	111	__________________
112	112	Governor