88R10499 MEW-D
By: Goldman H.B. No. 4628
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 Section 420.0431 to read as follows:
Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If
a match 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 30th day after a match 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, 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 but does not identify a suspect or
offender; 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 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.
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.