Texas 2023 - 88th Regular

Texas House Bill HB4628 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 4628
2	2
3	3
4	4	AN ACT
5	5	relating to the duties of law enforcement agencies, crime
6	6	laboratories, and the Department of Public Safety following the
7	7	performance of certain DNA profile comparisons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 420.043, Government Code, is amended by
10	10	adding Subsection (a-1) to read as follows:
11	11	(a-1) An accredited crime laboratory that submits a DNA
12	12	profile to the department to perform the comparison required under
13	13	Subsection (a) shall monitor the accredited crime laboratory's
14	14	database for any matches between the DNA profile submitted to the
15	15	department and the DNA profiles contained in the databases
16	16	described by Subsections (a)(1) and (2). For purposes of Section
17	17	420.0431, the date on which a match is displayed in an accredited
18	18	crime laboratory's database is considered written notification of a
19	19	match.
20	20	SECTION 2. Subchapter B-1, Chapter 420, Government Code, is
21	21	amended by adding Sections 420.0431 and 420.0432 to read as
22	22	follows:
23	23	Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If
24	24	a match that may assist in the investigation of a criminal case is
25	25	identified under Section 420.043 between biological evidence
26	26	contained in an evidence collection kit and a DNA profile contained
27	27	in a database described by Subsection (a)(1) or (2) of that section,
28	28	on request of the accredited crime laboratory that performed the
29	29	analysis of the evidence collection kit, a law enforcement agency
30	30	that submitted the evidence collection kit to the crime laboratory
31	31	shall, not later than the fifth business day after the date the
32	32	request is made, provide any additional information requested by
33	33	the crime laboratory concerning the match.
34	34	(b) Not later than the 60th business day after the crime
35	35	laboratory receives written notification that a match that may aid
36	36	in the investigation of a criminal case has been identified under
37	37	Section 420.043 between biological evidence contained in an
38	38	evidence collection kit and a DNA profile contained in a database
39	39	described by Subsection (a)(1) or (2) of that section, written
40	40	notification must be provided to the law enforcement agency that
41	41	submitted the evidence collection kit of:
42	42	(1) any case-to-case match that may assist in the
43	43	investigation of a criminal case; and
44	44	(2) any verified match that identifies a suspect or
45	45	offender.
46	46	(c) Verification of a match identifying an offender under
47	47	Subsection (b)(2) may be expedited in cases involving a significant
48	48	public safety concern.
49	49	(d) Not later than the fifth business day after receiving a
50	50	notification under Subsection (b)(1), the law enforcement agency
51	51	shall acknowledge receipt of the notification.
52	52	(e) Not later than the 30th business day after the date a law
53	53	enforcement agency receives a notification of a verified match
54	54	under Subsection (b)(2), the law enforcement agency shall attempt
55	55	to collect a DNA sample from an identified suspect or offender and
56	56	submit the sample to an accredited crime laboratory for analysis.
57	57	Sec. 420.0432. SURVIVOR NOTIFICATION CONCERNING DATABASE
58	58	DNA MATCH. (a) If, with respect to a sexual assault or other sex
59	59	offense, a match is identified under Section 420.043 between
60	60	biological evidence contained in an evidence collection kit and a
61	61	DNA profile contained in a database described by Subsection (a)(1)
62	62	or (2) of that section, the law enforcement agency with
63	63	jurisdiction over the offense shall, not later than the fifth
64	64	business day after the law enforcement agency receives notification
65	65	of the match, notify the survivor, as applicable, of:
66	66	(1) the match, if disclosing the match would not
67	67	interfere with the investigation or prosecution of the offense; or
68	68	(2) the estimated date on which the match is expected
69	69	to be disclosed, if disclosing the match would interfere with the
70	70	investigation or prosecution of the offense.
71	71	(b) If a law enforcement agency is unable to notify a
72	72	survivor under Subsection (a) within the period required by that
73	73	subsection, the agency shall continue to make reasonable efforts to
74	74	notify the survivor.
75	75	SECTION 3. Section 420.043, Government Code, as amended by
76	76	this Act, and Sections 420.0431 and 420.0432, Government Code, as
77	77	added by this Act, apply only to the comparison of DNA profiles that
78	78	is performed on or after the effective date of this Act. A
79	79	comparison of DNA profiles performed before the effective date of
80	80	this Act is governed by the law in effect on the date the comparison
81	81	was performed, and the former law is continued in effect for that
82	82	purpose.
83	83	SECTION 4. This Act takes effect September 1, 2023.
84	84	______________________________ ______________________________
85	85	President of the Senate Speaker of the House
86	86	I certify that H.B. No. 4628 was passed by the House on May
87	87	10, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
88	88	voting; and that the House concurred in Senate amendments to H.B.
89	89	No. 4628 on May 25, 2023, by the following vote: Yeas 139, Nays 0,
90	90	1 present, not voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	I certify that H.B. No. 4628 was passed by the Senate, with
94	94	amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
95	95	0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	APPROVED: __________________
99	99	Date
100	100	__________________
101	101	Governor