Texas 2025 - 89th Regular

Texas Senate Bill SB2460 Compare Versions

Only one version of the bill is available at this time.

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1	1	89R9790 AJZ-D
2	2	By: Creighton S.B. No. 2460
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to rapid DNA analysis performed by certain law enforcement
10	10	agencies and the content of certain DNA databases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.141, Government Code, is amended by
13	13	amending Subdivisions (1) and (7) and adding Subdivisions (1-a),
14	14	(11-a), and (13) to read as follows:
15	15	(1) "Authorized law enforcement agency" means a law
16	16	enforcement agency that is authorized by the director to perform
17	17	rapid DNA analyses under Section 411.146(c-1).
18	18	(1-a) "CODIS" means the FBI's Combined DNA Index
19	19	System. The term includes the national DNA index system sponsored
20	20	by the FBI.
21	21	(7) "DNA record" means the results of a forensic DNA
22	22	analysis performed by a DNA laboratory or the results of a rapid DNA
23	23	analysis performed by an authorized law enforcement agency under
24	24	this subchapter. The term includes a DNA profile and related
25	25	records, which may include a code or other identifying number
26	26	referenced to a separate database to locate:
27	27	(A) the originating entity; and
28	28	(B) if known, the name and other personally
29	29	identifying information concerning the individual who is the
30	30	subject of the analysis.
31	31	(11-a) "Law enforcement agency" means an agency of the
32	32	state or an agency of a political subdivision of the state that is
33	33	authorized by law to employ peace officers.
34	34	(13) "Rapid DNA analysis" means the fully automated
35	35	processing of a reference buccal swab sample to provide a DNA record
36	36	that is eligible for comparison in the CODIS database in not more
37	37	than 24 hours.
38	38	SECTION 2. Section 411.142(h), Government Code, is amended
39	39	to read as follows:
40	40	(h) The director shall establish standards for DNA analysis
41	41	by a [the] DNA laboratory and standards for rapid DNA analysis by an
42	42	authorized law enforcement agency that meet or exceed the current
43	43	standards for quality assurance and proficiency testing for
44	44	forensic DNA analysis issued by the FBI. The DNA database may
45	45	contain only DNA records of DNA analyses performed according to the
46	46	standards adopted by the director.
47	47	SECTION 3. Sections 411.143(c), (e), and (f), Government
48	48	Code, are amended to read as follows:
49	49	(c) Other purposes of the database include:
50	50	(1) assisting in the recovery or identification of
51	51	human remains from a disaster or for humanitarian purposes;
52	52	(2) assisting in the identification of living or
53	53	deceased missing persons;
54	54	(3) if personal identifying information is removed:
55	55	(A) establishing a population statistics
56	56	database; and
57	57	(B) assisting in identification research,
58	58	forensic validation studies, or forensic protocol development; and
59	59	(4) retesting to validate or update the original
60	60	analysis or assisting in quality control with respect to the
61	61	database or with respect to the laboratories or agencies performing
62	62	forensic DNA analyses [or DNA laboratory quality control].
63	63	(e) The director may not store a name or other personal
64	64	identifying information in the CODIS database unless approved by
65	65	the FBI. A file or reference number to another information system
66	66	may be included in the CODIS database only if the director
67	67	determines the information is necessary to:
68	68	(1) generate an investigative lead or exclusion;
69	69	(2) support the statistical interpretation of a test
70	70	result; or
71	71	(3) allow for the successful implementation of the DNA
72	72	database.
73	73	(f) Except as provided by this subchapter, the DNA database
74	74	may only [not] include criminal history record information approved
75	75	by the FBI.
76	76	SECTION 4. Section 411.144, Government Code, is amended to
77	77	read as follows:
78	78	Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.
79	79	(a) The director by rule shall establish procedures for a DNA
80	80	laboratory or criminal justice agency, including an authorized law
81	81	enforcement agency, in the collection, preservation, shipment,
82	82	analysis, and use of a DNA sample for forensic DNA analysis,
83	83	including rapid DNA analysis, in a manner that permits the exchange
84	84	of DNA evidence between DNA laboratories and criminal justice
85	85	agencies and the use of the evidence in a criminal case.
86	86	(b) A DNA laboratory or criminal justice agency, including
87	87	an authorized law enforcement agency, shall follow the procedures:
88	88	(1) established by the director under this section;
89	89	and
90	90	(2) specified by the FBI, including use of comparable
91	91	test procedures, laboratory equipment, supplies, and computer
92	92	software.
93	93	(c) The director may at any reasonable time enter and
94	94	inspect the premises or audit the records, reports, procedures, or
95	95	other quality assurance matters of:
96	96	(1) any DNA laboratory that:
97	97	(A) [(1)] provides DNA records to the director
98	98	under this subchapter; or
99	99	(B) [(2)] conducts forensic analysis; and
100	100	(2) any authorized law enforcement agency.
101	101	(d) A DNA laboratory conducting a forensic DNA analysis
102	102	under this subchapter or an authorized law enforcement agency
103	103	performing a rapid DNA analysis under this subchapter shall:
104	104	(1) forward the DNA record of the analysis to the
105	105	director at the department's crime laboratory or another location
106	106	as required by the director; and
107	107	(2) comply with this subchapter and rules adopted
108	108	under this subchapter.
109	109	(e) The director is the Texas liaison for DNA data, records,
110	110	evidence, and other related matters between:
111	111	(1) the FBI; and
112	112	(2) a DNA laboratory or a criminal justice agency,
113	113	including an authorized law enforcement agency.
114	114	(f) The director may:
115	115	(1) conduct DNA analyses; [or]
116	116	(2) contract with a laboratory, state agency, private
117	117	entity, or institution of higher education for services to perform
118	118	DNA analyses for the director; or
119	119	(3) authorize a law enforcement agency to perform
120	120	rapid DNA analyses under Section 411.146(c-1).
121	121	SECTION 5. Section 411.146, Government Code, is amended by
122	122	amending Subsections (c) and (e) and adding Subsection (c-1) to
123	123	read as follows:
124	124	(c)(1) The director shall adopt rules regarding the
125	125	collection, preservation, shipment, and analysis of a DNA database
126	126	sample under this subchapter, including the type of sample or
127	127	specimen taken.
128	128	(2) A criminal justice agency permitted or required to
129	129	collect a DNA sample for forensic DNA analysis, including rapid DNA
130	130	analysis, under this subchapter:
131	131	(A) may collect the sample or contract with a
132	132	phlebotomist, laboratory, state agency, private entity, or
133	133	institution of higher education for services to collect the sample
134	134	at the time determined by the agency; and
135	135	(B) shall:
136	136	(i) preserve each sample collected until it
137	137	is forwarded to the director under Subsection (d); and
138	138	(ii) maintain a record of the collection of
139	139	the sample.
140	140	(c-1) Subject to the other requirements prescribed by this
141	141	subchapter and rules adopted under this subchapter, a law
142	142	enforcement agency may perform a rapid DNA analysis under this
143	143	subchapter if:
144	144	(1) the agency requests the director's approval to use
145	145	a system capable of performing a rapid DNA analysis; and
146	146	(2) the director authorizes the agency to use the
147	147	system described by Subdivision (1) to perform rapid DNA analyses.
148	148	(e) A DNA laboratory or an authorized law enforcement agency
149	149	may analyze a DNA sample collected under this section only:
150	150	(1) to type the genetic markers contained in the
151	151	sample;
152	152	(2) for criminal justice or law enforcement purposes;
153	153	or
154	154	(3) for other purposes described by this subchapter.
155	155	SECTION 6. Sections 411.147(b) and (e), Government Code,
156	156	are amended to read as follows:
157	157	(b) The director may adopt rules relating to the internal
158	158	disclosure, access, or use of a sample or DNA record in a DNA
159	159	laboratory or authorized law enforcement agency.
160	160	(e) A criminal justice agency may have access to a DNA
161	161	sample for a law enforcement purpose through:
162	162	(1) the agency's laboratory; [or]
163	163	(2) a laboratory used by the agency; or
164	164	(3) an authorized law enforcement agency.
165	165	SECTION 7. Section 411.1471(d), Government Code, is amended
166	166	to read as follows:
167	167	(d) The director by rule shall require law enforcement
168	168	agencies taking a specimen under this section to preserve the
169	169	specimen and maintain a record of the collection of the
170	170	specimen. A law enforcement agency taking a specimen under this
171	171	section may use any method to take the specimen approved by the
172	172	director in the rule adopted under this subsection. The rule
173	173	adopted by the director must prohibit a law enforcement agency from
174	174	taking a blood sample for the purpose of creating a DNA record under
175	175	this section. The agency may:
176	176	(1) [either] send the specimen to the director;
177	177	(2) [or] send to the director an analysis of the
178	178	sample performed at a laboratory chosen by the agency and approved
179	179	by the director; or
180	180	(3) send to the director a rapid DNA analysis of the
181	181	sample if the director has authorized the agency to perform the
182	182	analysis.
183	183	SECTION 8. Section 411.1473(c), Government Code, is amended
184	184	to read as follows:
185	185	(c) A law enforcement agency taking a specimen under this
186	186	section may:
187	187	(1) [either] send the specimen to the director;
188	188	(2) [or] send to the director an analysis of the
189	189	specimen performed by a laboratory chosen by the agency and
190	190	approved by the director; or
191	191	(3) send to the director a rapid DNA analysis of the
192	192	specimen if the director has authorized the agency to perform the
193	193	analysis.
194	194	SECTION 9. This Act takes effect September 1, 2025.