SRC-JBJ, BWC S.B. 1304 77(R)BILL ANALYSIS Senate Research CenterS.B. 1304 By: Harris Criminal Justice 6/22/2001 Enrolled DIGEST AND PURPOSE No facility in Texas provides DNA analysis and an established DNA database for the sole purpose of assisting law enforcement agencies and families of missing persons in identifying unidentified deceased persons. S.B. 1304 creates the University of North Texas Health Science Center at Fort Worth missing persons DNA database and sets forth provisions for the preservation and analysis of tissue samples from unidentified deceased persons. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the board of regents of the University of North Texas System in SECTION 1 (Section 105.115, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 105, Education Code, by adding Subchapter I, as follows: SUBCHAPTER I. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH MISSING PERSONS DNA DATABASE. Sec. 105.111. DEFINITIONS. Defines "board," "center," "DNA," "DNA database," "high-risk missing person," and "law enforcement agency." Sec. 105.112. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR UNIDENTIFIED PERSONS. Sets forth provisions regarding the establishment of and purpose for a DNA database at the University of North Texas Science Center at Fort Worth (center). Sec. 105.113. INFORMATION STORED IN DATABASE. Sets forth provisions regarding the information to be contained in the DNA database. Sec. 105.114. COMPARISON OF SAMPLES. Sets forth provisions regarding the comparison of DNA samples. Sec. 105.115. STANDARDS: COLECTION; STORAGE. Sets foth provisions regarding the standards for the collection and storage of DNA samples. Sec. 105.116. COLLECTION OF SAMPLES. Sets forth provisions regarding the collection of DNA samples. Sec. 105.117. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY APPROPRIAT PERSONS REGARDING PROVISIONS OF VOLUNTARY SAMPLE. Sets forth provisions regarding the notification to certain appropriate persons by a law enforcement agency of the provisions for the submission of a voluntary DNA sample. Sec. 105.118. RELEASE FORM. Sets forth provisions regarding a release form for the voluntary submission of a DNA sample. Sec. 105.119. PROTOCOL FOR OBTAINING SAMPLES RELATING TO HIGH-RISK MISSING PERSONS. Sets forth provisions regarding the protocal and procedure for obtaining DNA samples and the development of a model kit to be used by law enforcemnt agencies. Sec. 105.120. SUBMISSION OF SAMPLE TO CENTER. Sets forth provisions regarding the submission of a DNA sample to the center by a law enforcement agency. Sec. 105.121. DESTRUCTION OF SAMPLES. Sets forth provisions regarding the destruction of samples after a positive identification is made. Sec. 105.122. CONFIDENTIALITY. Sets forth provisions regarding the the confidentiality of the results of a forensic DNA analysis performed by the center. Sec. 105.123. CRIMINAL PENALTY. Sets forth provisions regarding certain offenses relating to DNA samples. Sec. 105.124. CIVIL PENALTY. Sets forth provisions regarding civil penalties for certain offenses relating to DNA samples. Sec. 105.125. MISSING PERSONS DNA DATABASE FUND. Sets forth provisions regarding the appropriation to and adminstration and use of the missing persons DNA database fund. Sec. 105.126. BACKLOG OF UNIDENTIFIED HUMAN REMAINS: ADVISORY COMMITTEE AND OUTSOURCING. Sets forth provisions regarding the creation composition and function of an advisory committee and regarding the handling of the backlog of high-risk missing person cases and unidentified human remains. Sec. 105.127. INITIAL OPERATIONS. Sets forth provisions regarding the inception and initial operations of the center. SECTION 2. Effective date: September 1, 2001.