SRC-JBJ S.B. 1304 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1304
By: Harris
Criminal Justice
3/21/2001
As Filed


DIGEST AND PURPOSE 

Currently, 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.
As proposed, 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 in SECTION 1 (Section 105.114, 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. 105.110.  DEFINITIONS.  Defines "board," "center," "DNA," "DNA
database," "DNA laboratory," "DNA record," and "high-risk missing person." 

Sec. 105.111.  ESTABLISHMENT OF DNA DATABASE FOR MISSING OR UNIDENTIFIED
PERSONS.  Requires the board of regents of the University of North Texas
(board) to develop at University of North Texas Health Science Center at
Fort Worth (center) a DNA database for all cases involving the report of an
unidentified deceased person or a high-risk missing person. 

Sec. 105.112.  INFORMATION STORED IN DATABASE; PURPOSE.  Requires the
database required in Section 105.111 to comprise DNA genetic markers that
are appropriate for human identification, but have no capability to predict
biological function.  Requires these markers to be selected by the center.
Authorizes the selection of markers by the center to be changed as the
technology for DNA typing progresses.  Requires the results of DNA typing
to be compatible with and uploaded into the CODIS DNA database established
by the Federal Bureau of Investigation (FBI).  Requires the sole purpose of
this database to be to identify missing persons.  Requires this database to
be kept separate from the database established by the Department of Public
Safety under Section 411.142 (DNA Database), Government Code. 

Sec. 105.113.  COMPARISON OF SAMPLES.  Requires the center to compare DNA
samples taken from the remains of unidentified deceased persons with DNA
samples taken from personal articles belonging to the missing person or
from the parents or appropriate relatives of high-risk missing persons. 

Sec. 105.114.  PRESERVATION AND STORAGE OF SAMPLES.  Requires the board, in
consultation with the center, to develop, by rule, standards and guidelines
for the preservation and storage of DNA samples.  Requires any law
enforcement agency that is required to collect samples from unidentified
remains for DNA testing to comply with all scientific methods typically
used for the identification of remains, including DNA, forensic
anthropology, forensic odontology, and fingerprints. 

Sec. 105.115.  COLLECTION OF SAMPLES.  Requires a medical examiner,
coroner, justice of the peace, contract pathologist, or their designees, as
applicable, to collect samples for DNA testing from the remains of all
unidentified persons and to send those samples to the center for DNA
testing and inclusion in the DNA database.  Requires the remaining
evidence, after the center has taken a sample from the remains for DNA
analysis and analyzed it, to be returned to the appropriate local medical
examiner. 

Sec. 105.116.  DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY PARENT OF MISSING
PERSON.  Requires the responsible investigating law enforcement agency,
after a report has been made of a person missing under high-risk
circumstances, to inform the parents or other appropriate relatives that
they may give a voluntary sample for DNA testing or collect a DNA sample
from a personal article belonging to the missing person if available.
Requires the samples to be taken by the appropriate law enforcement agency
in a manner prescribed by the center.  Requires the responsible
investigating law enforcement agency to wait no longer than 30 days after a
report has been made to inform the parents or other relatives of their
right to give a sample. 

Sec. 105.117.  RELEASE FORM.  Requires the center to develop a standard
release form that authorizes a mother, father, or other relative to
voluntarily provide the sample.  Requires the release to explain that DNA
is to be used only for the purpose of identifying the missing person.
Prohibits incentives or coercion from being used to compel a parent or
relative to provide a sample. 
 
Sec. 105.118.  MODEL KIT.  Requires the center to develop a model kit that
law enforcement agencies are required to use when taking samples from
parents and relatives. 
 
Sec. 105.119.  SUBMISSION OF SAMPLE TO CENTER.  Requires the law
enforcement agency, before submitting the sample to the center for
analysis, to re-verify the status of the missing person.  Requires the law
enforcement agency, after 30 days has elapsed from the date the report was
filed, to send the sample to the center for DNA testing and inclusion in
the DNA database, with a copy of the crime report and any supplemental
information. 

Sec. 105.120.  DESTRUCTION OF SAMPLES.  Requires all samples and DNA
extracted from a living person to be destroyed after a positive
identification is made and a report is issued. 

Sec. 105.121.  CONFIDENTIALITY.  Requires all DNA samples to be
confidential and to be used disclosed [sic] only to personnel of the
center, law enforcement agencies, medical examiners, and district
attorneys, except that an officer of a law enforcement agency is authorized
to notify a victim's family in order to disclose whether a match has
occurred. 

Sec. 105.122.  CRIMINAL PENALTY AND CIVIL LIABILITY FOR VIOLATION OF THIS
SUBCHAPTER.  Provides that a person who collects, processes, or stores DNA
or samples from a living person used for DNA testing under this section,
who intentionally violates Section 105.120 or Section 105.121 is guilty of
a Class B misdemeanor.  Provides that a person who collects, processes, or
stores DNA or samples from a living person under for DNA testing under this
section who intentionally violates Section 105.120 or Section 105.121 is
liable in civil damages to the donor of the DNA in the amount of five
thousand dollars ($5,000) for each violation, plus reasonable attorney's
fees and court costs. 

 SECTION 2.  (a)(1)  Requires the University of North Texas Health Science
Center at Fort Worth Missing Persons DNA Database (database) to be funded
by money deposited to the credit of the Compensation to Victims of Crime
Fund and the Compensation to Victims of Crime Auxiliary Fund and
appropriated by the legislature. 

(2)  Creates the University of North Texas Health Science Center at Fort
Worth Missing Persons DNA Database Fund (fund) in the general revenue fund
in the state treasury for the sole purpose of operating the database
created under this subchapter. Requires monies appropriated to the fund to
be deposited to the credit of the fund. Provides that Section 403.095(b)
(relating to the use of dedicated revenue), Government Code, does not apply
to the amount set aside by this section. 

(b)(1)  Establishes the database and requires monies appropriated to the
database to be administered by the center for establishing and maintaining
center infrastructure, DNA sample storage, DNA analysis, and labor costs
for cases of missing persons and unidentified remains. 

(2)  Authorizes funds to also be distributed by the center to various
counties for the purposes of pathology and exhumation as the center deems
necessary.  Authorizes the center to also use those funds to publicize the
database for the purpose of contacting parents and relatives so that they
may provide a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach. 

(c)   Requires the center to create an advisory committee, comprising
medical examiners, appropriate law enforcement officials, and other
interested persons to impose priorities regarding the identification of the
backlog of unidentified remains.  Authorizes the center, at its discretion,
to outsource the identification of the backlog. 

(d)(1)  Requires the funding for the first year to be used to develop the
database and center infrastructure, and to establish center protocols and
personnel. 

(2)  Requires the center to begin case analysis in 2003.  Requires the
center to retain the authority to establish priorities regarding case
analysis, giving priority to those cases involving children. 

(3)  Requires federal funding, if it is made available, to be used to
assist in the identification of the backlog of high-risk missing person
cases and long-term unidentified remains. 

(4)  Requires this section to remain in effect only until January 1, 2006,
and provides that as of that date it is repealed, unless a later enacted
statute that is enacted prior to January 1, 2006, deletes or extends that
date. 

SECTION 3.  Makes the provisions of this Act severable.

SECTION 4.  Makes application of the changes in law made by this Act to
civil causes of action under this Act prospective. 

SECTION 5.  Makes application of the changes in law made by this Act to
criminal offenses or violations under this Act prospective. 
 
SECTION 6.  Effective date: September 1, 2001.