| 1 | 1 | | 88R14417 CJD-D |
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| 2 | 2 | | By: Smith H.B. No. 3957 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of a rapid DNA analysis pilot program |
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| 8 | 8 | | in certain counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter G, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.1465 to read as follows: |
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| 12 | 12 | | Sec. 411.1465. RAPID DNA ANALYSIS PILOT PROGRAM. (a) In |
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| 13 | 13 | | this section, "rapid DNA analysis" means the fully automated |
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| 14 | 14 | | processing of a reference buccal swab sample to provide a DNA record |
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| 15 | 15 | | that is eligible for comparison in the CODIS database in not more |
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| 16 | 16 | | than 24 hours. |
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| 17 | 17 | | (b) The department shall establish a pilot program to |
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| 18 | 18 | | optimize the process of reporting DNA records by assisting law |
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| 19 | 19 | | enforcement agencies in implementing rapid DNA analysis of DNA |
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| 20 | 20 | | samples collected under this subchapter. |
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| 21 | 21 | | (c) Beginning September 1, 2023, the pilot program shall |
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| 22 | 22 | | operate and assist law enforcement agencies with jurisdiction in |
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| 23 | 23 | | the following counties: |
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| 24 | 24 | | (1) El Paso; |
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| 25 | 25 | | (2) Galveston; |
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| 26 | 26 | | (3) Montgomery; |
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| 27 | 27 | | (4) Tarrant; and |
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| 28 | 28 | | (5) Travis. |
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| 29 | 29 | | (d) Beginning September 1, 2024, the department shall |
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| 30 | 30 | | expand the pilot program to assist law enforcement agencies with |
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| 31 | 31 | | jurisdiction in the following counties: |
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| 32 | 32 | | (1) Bexar; |
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| 33 | 33 | | (2) Collin; |
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| 34 | 34 | | (3) Dallas; |
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| 35 | 35 | | (4) Harris; and |
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| 36 | 36 | | (5) Hidalgo. |
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| 37 | 37 | | (e) The department and each law enforcement agency subject |
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| 38 | 38 | | to this section may consult with the Federal Bureau of |
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| 39 | 39 | | Investigation regarding rapid DNA analysis implementation and best |
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| 40 | 40 | | practices. |
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| 41 | 41 | | (f) Not later than January 1, 2026, the department shall |
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| 42 | 42 | | review the pilot program established under this section and submit |
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| 43 | 43 | | a written report to the legislature on the progress made by the |
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| 44 | 44 | | pilot program in optimizing the reporting of DNA records and any |
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| 45 | 45 | | recommendations regarding the continuation or expansion of the |
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| 46 | 46 | | program. |
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| 47 | 47 | | (g) The department may solicit and accept gifts, grants, and |
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| 48 | 48 | | donations from any public or private source to fund the pilot |
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| 49 | 49 | | program. |
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| 50 | 50 | | (h) The department may adopt rules as necessary to implement |
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| 51 | 51 | | this section. |
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| 52 | 52 | | (i) This section expires September 1, 2025. |
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| 53 | 53 | | SECTION 2. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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