89R9790 AJZ-D
By: Creighton S.B. No. 2460
A BILL TO BE ENTITLED
AN ACT
relating to rapid DNA analysis performed by certain law enforcement
agencies and the content of certain DNA databases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.141, Government Code, is amended by
amending Subdivisions (1) and (7) and adding Subdivisions (1-a),
(11-a), and (13) to read as follows:
(1) "Authorized law enforcement agency" means a law
enforcement agency that is authorized by the director to perform
rapid DNA analyses under Section 411.146(c-1).
(1-a) "CODIS" means the FBI's Combined DNA Index
System. The term includes the national DNA index system sponsored
by the FBI.
(7) "DNA record" means the results of a forensic DNA
analysis performed by a DNA laboratory or the results of a rapid DNA
analysis performed by an authorized law enforcement agency under
this subchapter. The term includes a DNA profile and related
records, which may include a code or other identifying number
referenced to a separate database to locate:
(A) the originating entity; and
(B) if known, the name and other personally
identifying information concerning the individual who is the
subject of the analysis.
(11-a) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state that is
authorized by law to employ peace officers.
(13) "Rapid DNA analysis" means the fully automated
processing of a reference buccal swab sample to provide a DNA record
that is eligible for comparison in the CODIS database in not more
than 24 hours.
SECTION 2. Section 411.142(h), Government Code, is amended
to read as follows:
(h) The director shall establish standards for DNA analysis
by a [the] DNA laboratory and standards for rapid DNA analysis by an
authorized law enforcement agency that meet or exceed the current
standards for quality assurance and proficiency testing for
forensic DNA analysis issued by the FBI. The DNA database may
contain only DNA records of DNA analyses performed according to the
standards adopted by the director.
SECTION 3. Sections 411.143(c), (e), and (f), Government
Code, are amended to read as follows:
(c) Other purposes of the database include:
(1) assisting in the recovery or identification of
human remains from a disaster or for humanitarian purposes;
(2) assisting in the identification of living or
deceased missing persons;
(3) if personal identifying information is removed:
(A) establishing a population statistics
database; and
(B) assisting in identification research,
forensic validation studies, or forensic protocol development; and
(4) retesting to validate or update the original
analysis or assisting in quality control with respect to the
database or with respect to the laboratories or agencies performing
forensic DNA analyses [or DNA laboratory quality control].
(e) The director may not store a name or other personal
identifying information in the CODIS database unless approved by
the FBI. A file or reference number to another information system
may be included in the CODIS database only if the director
determines the information is necessary to:
(1) generate an investigative lead or exclusion;
(2) support the statistical interpretation of a test
result; or
(3) allow for the successful implementation of the DNA
database.
(f) Except as provided by this subchapter, the DNA database
may only [not] include criminal history record information approved
by the FBI.
SECTION 4. Section 411.144, Government Code, is amended to
read as follows:
Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.
(a) The director by rule shall establish procedures for a DNA
laboratory or criminal justice agency, including an authorized law
enforcement agency, in the collection, preservation, shipment,
analysis, and use of a DNA sample for forensic DNA analysis,
including rapid DNA analysis, in a manner that permits the exchange
of DNA evidence between DNA laboratories and criminal justice
agencies and the use of the evidence in a criminal case.
(b) A DNA laboratory or criminal justice agency, including
an authorized law enforcement agency, shall follow the procedures:
(1) established by the director under this section;
and
(2) specified by the FBI, including use of comparable
test procedures, laboratory equipment, supplies, and computer
software.
(c) The director may at any reasonable time enter and
inspect the premises or audit the records, reports, procedures, or
other quality assurance matters of:
(1) any DNA laboratory that:
(A) [(1)] provides DNA records to the director
under this subchapter; or
(B) [(2)] conducts forensic analysis; and
(2) any authorized law enforcement agency.
(d) A DNA laboratory conducting a forensic DNA analysis
under this subchapter or an authorized law enforcement agency
performing a rapid DNA analysis under this subchapter shall:
(1) forward the DNA record of the analysis to the
director at the department's crime laboratory or another location
as required by the director; and
(2) comply with this subchapter and rules adopted
under this subchapter.
(e) The director is the Texas liaison for DNA data, records,
evidence, and other related matters between:
(1) the FBI; and
(2) a DNA laboratory or a criminal justice agency,
including an authorized law enforcement agency.
(f) The director may:
(1) conduct DNA analyses; [or]
(2) contract with a laboratory, state agency, private
entity, or institution of higher education for services to perform
DNA analyses for the director; or
(3) authorize a law enforcement agency to perform
rapid DNA analyses under Section 411.146(c-1).
SECTION 5. Section 411.146, Government Code, is amended by
amending Subsections (c) and (e) and adding Subsection (c-1) to
read as follows:
(c)(1) The director shall adopt rules regarding the
collection, preservation, shipment, and analysis of a DNA database
sample under this subchapter, including the type of sample or
specimen taken.
(2) A criminal justice agency permitted or required to
collect a DNA sample for forensic DNA analysis, including rapid DNA
analysis, under this subchapter:
(A) may collect the sample or contract with a
phlebotomist, laboratory, state agency, private entity, or
institution of higher education for services to collect the sample
at the time determined by the agency; and
(B) shall:
(i) preserve each sample collected until it
is forwarded to the director under Subsection (d); and
(ii) maintain a record of the collection of
the sample.
(c-1) Subject to the other requirements prescribed by this
subchapter and rules adopted under this subchapter, a law
enforcement agency may perform a rapid DNA analysis under this
subchapter if:
(1) the agency requests the director's approval to use
a system capable of performing a rapid DNA analysis; and
(2) the director authorizes the agency to use the
system described by Subdivision (1) to perform rapid DNA analyses.
(e) A DNA laboratory or an authorized law enforcement agency
may analyze a DNA sample collected under this section only:
(1) to type the genetic markers contained in the
sample;
(2) for criminal justice or law enforcement purposes;
or
(3) for other purposes described by this subchapter.
SECTION 6. Sections 411.147(b) and (e), Government Code,
are amended to read as follows:
(b) The director may adopt rules relating to the internal
disclosure, access, or use of a sample or DNA record in a DNA
laboratory or authorized law enforcement agency.
(e) A criminal justice agency may have access to a DNA
sample for a law enforcement purpose through:
(1) the agency's laboratory; [or]
(2) a laboratory used by the agency; or
(3) an authorized law enforcement agency.
SECTION 7. Section 411.1471(d), Government Code, is amended
to read as follows:
(d) The director by rule shall require law enforcement
agencies taking a specimen under this section to preserve the
specimen and maintain a record of the collection of the
specimen. A law enforcement agency taking a specimen under this
section may use any method to take the specimen approved by the
director in the rule adopted under this subsection. The rule
adopted by the director must prohibit a law enforcement agency from
taking a blood sample for the purpose of creating a DNA record under
this section. The agency may:
(1) [either] send the specimen to the director;
(2) [or] send to the director an analysis of the
sample performed at a laboratory chosen by the agency and approved
by the director; or
(3) send to the director a rapid DNA analysis of the
sample if the director has authorized the agency to perform the
analysis.
SECTION 8. Section 411.1473(c), Government Code, is amended
to read as follows:
(c) A law enforcement agency taking a specimen under this
section may:
(1) [either] send the specimen to the director;
(2) [or] send to the director an analysis of the
specimen performed by a laboratory chosen by the agency and
approved by the director; or
(3) send to the director a rapid DNA analysis of the
specimen if the director has authorized the agency to perform the
analysis.
SECTION 9. This Act takes effect September 1, 2025.