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.