H.B. No. 4628
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) An accredited crime laboratory that submits a DNA
profile to the department to perform the comparison required under
Subsection (a) shall monitor the accredited crime laboratory's
database for any matches between the DNA profile submitted to the
department and the DNA profiles contained in the databases
described by Subsections (a)(1) and (2). For purposes of Section
420.0431, the date on which a match is displayed in an accredited
crime laboratory's database is considered written notification of a
match.
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 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,
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 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, 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 Sections 420.0431 and 420.0432, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4628 was passed by the House on May
10, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4628 on May 25, 2023, by the following vote: Yeas 139, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4628 was passed by the Senate, with
amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor