By: Goldman (Senate Sponsor - Huffman) H.B. No. 4628
(In the Senate - Received from the House May 11, 2023;
May 12, 2023, read first time and referred to Committee on Criminal
Justice; May 19, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
FloresX
BettencourtX
HinojosaX
HuffmanX
KingX
MilesX
A BILL TO BE ENTITLED
AN ACT
relating to the duties of law enforcement agencies, crime
laboratories, and the Department of Public Safety following the
performance of certain DNA profile comparisons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 420.043, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Not later than the seventh day after the date the
department performs a comparison of DNA profiles required under
Subsection (a), the department shall notify the accredited crime
laboratory that analyzed the evidence collection kit containing
biological evidence whether the comparison of the DNA profile
obtained from the biological evidence to DNA profiles contained in
the databases described by Subsections (a)(1) and (2) resulted in
any matches.
SECTION 2. Subchapter B-1, Chapter 420, Government Code, is
amended by adding Sections 420.0431 and 420.0432 to read as
follows:
Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If
a match that may assist in the investigation of a criminal case is
identified under Section 402.043 between biological evidence
contained in an evidence collection kit and a DNA profile contained
in a database described by Subsection (a)(1) or (2) of that section,
on request of the accredited crime laboratory that performed the
analysis of the evidence collection kit, a law enforcement agency
that submitted the evidence collection kit to the crime laboratory
shall, not later than the fifth business day after the date the
request is made, provide any additional information requested by
the crime laboratory concerning the match.
(b) Not later than the 60th business day after the crime
laboratory receives written notification that a match that may aid
in the investigation of a criminal case has been identified under
Section 402.043 between biological evidence contained in an
evidence collection kit and a DNA profile contained in a database
described by Subsection (a)(1) or (2) of that section, written
notification must be provided to the law enforcement agency that
submitted the evidence collection kit of:
(1) any case-to-case match that may assist in the
investigation of a criminal case; and
(2) any verified match that identifies a suspect or
offender.
(c) Verification of a match identifying an offender under
Subsection (b)(2) may be expedited in cases involving a significant
public safety concern.
(d) Not later than the fifth business day after receiving a
notification under Subsection (b)(1), the law enforcement agency
shall acknowledge receipt of the notification.
(e) Not later than the 30th business day after the date a law
enforcement agency receives a notification of a verified match
under Subsection (b)(2), the law enforcement agency shall attempt
to collect a DNA sample from an identified suspect or offender and
submit the sample to an accredited crime laboratory for analysis.
Sec. 420.0432. SURVIVOR NOTIFICATION CONCERNING DATABASE
DNA MATCH. (a) If, with respect to a sexual assault or other sex
offense, a match is identified under Section 420.043 between
biological evidence contained in an evidence collection kit and a
DNA profile contained in a database described by Subsection (a)(1)
or (2) of that section, the law enforcement agency with
jurisdiction over the offense shall, not later than the fifth
business day after the law enforcement agency receives notification
of the match, notify the survivor, as applicable, of:
(1) the match, if disclosing the match would not
interfere with the investigation or prosecution of the offense; or
(2) the estimated date on which the match is expected
to be disclosed, if disclosing the match would interfere with the
investigation or prosecution of the offense.
(b) If a law enforcement agency is unable to notify a
survivor under Subsection (a) within the period required by that
subsection, the agency shall continue to make reasonable efforts to
notify the survivor.
SECTION 3. Section 420.043, Government Code, as amended by
this Act, and Section 420.0431, Government Code, as added by this
Act, apply only to the comparison of DNA profiles that is performed
on or after the effective date of this Act. A comparison of DNA
profiles performed before the effective date of this Act is
governed by the law in effect on the date the comparison was
performed, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.
* * * * *