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AN ACT
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relating to the duties of law enforcement agencies, crime |
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laboratories, and the Department of Public Safety following the |
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performance of certain DNA profile comparisons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.043, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) An accredited crime laboratory that submits a DNA |
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profile to the department to perform the comparison required under |
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Subsection (a) shall monitor the accredited crime laboratory's |
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database for any matches between the DNA profile submitted to the |
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department and the DNA profiles contained in the databases |
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described by Subsections (a)(1) and (2). For purposes of Section |
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420.0431, the date on which a match is displayed in an accredited |
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crime laboratory's database is considered written notification of a |
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match. |
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SECTION 2. Subchapter B-1, Chapter 420, Government Code, is |
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amended by adding Sections 420.0431 and 420.0432 to read as |
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follows: |
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Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If |
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a match that may assist in the investigation of a criminal case is |
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identified under Section 420.043 between biological evidence |
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contained in an evidence collection kit and a DNA profile contained |
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in a database described by Subsection (a)(1) or (2) of that section, |
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on request of the accredited crime laboratory that performed the |
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analysis of the evidence collection kit, a law enforcement agency |
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that submitted the evidence collection kit to the crime laboratory |
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shall, not later than the fifth business day after the date the |
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request is made, provide any additional information requested by |
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the crime laboratory concerning the match. |
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(b) Not later than the 60th business day after the crime |
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laboratory receives written notification that a match that may aid |
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in the investigation of a criminal case has been identified under |
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Section 420.043 between biological evidence contained in an |
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evidence collection kit and a DNA profile contained in a database |
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described by Subsection (a)(1) or (2) of that section, written |
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notification must be provided to the law enforcement agency that |
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submitted the evidence collection kit of: |
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(1) any case-to-case match that may assist in the |
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investigation of a criminal case; and |
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(2) any verified match that identifies a suspect or |
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offender. |
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(c) Verification of a match identifying an offender under |
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Subsection (b)(2) may be expedited in cases involving a significant |
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public safety concern. |
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(d) Not later than the fifth business day after receiving a |
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notification under Subsection (b)(1), the law enforcement agency |
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shall acknowledge receipt of the notification. |
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(e) Not later than the 30th business day after the date a law |
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enforcement agency receives a notification of a verified match |
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under Subsection (b)(2), the law enforcement agency shall attempt |
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to collect a DNA sample from an identified suspect or offender and |
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submit the sample to an accredited crime laboratory for analysis. |
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Sec. 420.0432. SURVIVOR NOTIFICATION CONCERNING DATABASE |
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DNA MATCH. (a) If, with respect to a sexual assault or other sex |
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offense, a match is identified under Section 420.043 between |
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biological evidence contained in an evidence collection kit and a |
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DNA profile contained in a database described by Subsection (a)(1) |
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or (2) of that section, the law enforcement agency with |
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jurisdiction over the offense shall, not later than the fifth |
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business day after the law enforcement agency receives notification |
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of the match, notify the survivor, as applicable, of: |
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(1) the match, if disclosing the match would not |
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interfere with the investigation or prosecution of the offense; or |
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(2) the estimated date on which the match is expected |
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to be disclosed, if disclosing the match would interfere with the |
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investigation or prosecution of the offense. |
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(b) If a law enforcement agency is unable to notify a |
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survivor under Subsection (a) within the period required by that |
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subsection, the agency shall continue to make reasonable efforts to |
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notify the survivor. |
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SECTION 3. Section 420.043, Government Code, as amended by |
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this Act, and Sections 420.0431 and 420.0432, Government Code, as |
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added by this Act, apply only to the comparison of DNA profiles that |
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is performed on or after the effective date of this Act. A |
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comparison of DNA profiles performed before the effective date of |
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this Act is governed by the law in effect on the date the comparison |
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was performed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4628 was passed by the House on May |
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10, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4628 on May 25, 2023, by the following vote: Yeas 139, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4628 was passed by the Senate, with |
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amendments, on May 22, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |