By: Harris S.B. No. 1304
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a missing persons DNA database at the
1-3 University of North Texas Health Science Center at Fort Worth;
1-4 creating an offense for the release of confidential information in
1-5 the database and failure to destroy samples.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 105, Education Code, is amended by adding
1-8 Subchapter I to read as follows:
1-9 SUBCHAPTER I. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
1-10 CENTER AT FORT WORTH MISSING PERSONS DNA DATABASE
1-11 Sec. 105.110. DEFINITIONS. In this subchapter:
1-12 (1) "Board" means the board of regents of the
1-13 University of North Texas.
1-14 (2) "Center" means the University of North Texas
1-15 Health Science Center at Fort Worth.
1-16 (3) "DNA" means deoxyribonucleic acid.
1-17 (4) "DNA database" means the database that contains
1-18 forensic DNA records maintained by the center.
1-19 (5) "DNA laboratory" means a laboratory that performs
1-20 forensic DNA analysis on samples or specimens derived from a human
1-21 body or crime scene.
1-22 (6) "DNA record" means the results of a forensic DNA
1-23 analysis performed by a DNA laboratory and, if known, the name of
1-24 the person who is the subject of the analysis.
1-25 (7) "High-risk missing person" means:
2-1 (A) a person missing as a result of abduction by
2-2 a stranger;
2-3 (B) a person missing under suspicious
2-4 circumstances;
2-5 (C) a person missing under unknown
2-6 circumstances; or
2-7 (D) a person who has been missing:
2-8 (i) for 30 days or more; or
2-9 (ii) for less than 30 days and, in the
2-10 discretion of the investigating agency, there is reason to believe
2-11 that the person is in danger or is deceased.
2-12 Sec. 105.111. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR
2-13 UNIDENTIFIED PERSONS. The board shall develop at the center a DNA
2-14 database for all cases involving the report of an unidentified
2-15 deceased person or a high-risk missing person.
2-16 Sec. 105.112. INFORMATION STORED IN DATABASE; PURPOSE.
2-17 (a) The DNA database shall comprise DNA genetic markers that are
2-18 appropriate for human identification but that have no capability of
2-19 predicting biological function. These markers shall be selected by
2-20 the center and may change as the technology for DNA typing
2-21 progresses.
2-22 (b) The results of DNA typing shall be compatible with and
2-23 shall be uploaded into the CODIS DNA database established by the
2-24 Federal Bureau of Investigation.
2-25 (c) The sole purpose of this DNA database shall be to
2-26 identify missing persons, and this database shall be kept separate
3-1 from the database established by the Department of Public Safety
3-2 under Section 411.142, Government Code.
3-3 Sec. 105.113. COMPARISON OF SAMPLES. The center shall
3-4 compare DNA samples taken from the remains of unidentified deceased
3-5 persons with DNA samples taken from personal articles belonging to
3-6 high-risk missing persons or from the parents or appropriate
3-7 relatives of high-risk missing persons.
3-8 Sec. 105.114. PRESERVATION AND STORAGE OF SAMPLES. (a) The
3-9 board, in consultation with the center, shall by rule develop
3-10 standards and guidelines for the preservation and storage of DNA
3-11 samples.
3-12 (b) Any law enforcement agency that is required to collect
3-13 samples from unidentified remains for DNA testing shall comply with
3-14 all scientific methods typically used for the identification of
3-15 remains, including methods with regard to DNA evidence and
3-16 fingerprint evidence and methods of forensic anthropology and
3-17 forensic odontology.
3-18 Sec. 105.115. COLLECTION OF SAMPLES. (a) A medical
3-19 examiner, coroner, justice of the peace, contract pathologist, or
3-20 their designees, as applicable, shall collect samples for DNA
3-21 testing from the remains of all unidentified persons and shall send
3-22 those samples to the center for DNA testing and inclusion in the
3-23 DNA database.
3-24 (b) After the center has taken a sample from the remains for
3-25 DNA analysis and analyzed it, the remaining evidence shall be
3-26 returned to the appropriate local medical examiner.
4-1 Sec. 105.116. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY
4-2 PARENT OF MISSING PERSON. (a) After a report has been made of a
4-3 person missing under high-risk circumstances, the responsible
4-4 investigating law enforcement agency shall inform the parents or
4-5 other appropriate relatives that they may give a voluntary sample
4-6 for DNA testing or may collect a DNA sample from a personal article
4-7 belonging to the high-risk missing person if available. The
4-8 samples shall be taken by the appropriate law enforcement agency in
4-9 a manner prescribed by the center.
4-10 (b) Not later than the 30th day after a missing person
4-11 report has been made, the responsible investigating law enforcement
4-12 agency shall inform the parents or other relatives of the missing
4-13 person of their right to give a sample.
4-14 Sec. 105.117. RELEASE FORM. (a) The center shall develop a
4-15 standard release form that authorizes a mother, father, or other
4-16 relative to voluntarily provide a sample for DNA testing. The
4-17 release shall explain that DNA is to be used only for the purpose
4-18 of identifying the missing person.
4-19 (b) No incentive or coercion may be used to compel a parent
4-20 or relative to provide a sample.
4-21 Sec. 105.118. MODEL KIT. The center shall develop a model
4-22 kit that law enforcement agencies shall use when taking samples
4-23 from parents and relatives.
4-24 Sec. 105.119. SUBMISSION OF SAMPLE TO CENTER. (a) Before
4-25 submitting a sample to the center for DNA analysis, the law
4-26 enforcement agency shall reverify the status of the missing person.
5-1 (b) Thirty days after the date a missing person report is
5-2 filed, or as soon thereafter as is practicable, the law enforcement
5-3 agency shall send to the center any sample taken for DNA testing
5-4 and inclusion in the DNA database, along with a copy of the crime
5-5 report and any supplemental information.
5-6 Sec. 105.120. DESTRUCTION OF SAMPLES. All samples and DNA
5-7 extracted from a living person shall be destroyed after a positive
5-8 identification is made and a report is issued.
5-9 Sec. 105.121. CONFIDENTIALITY. All DNA samples shall be
5-10 confidential and shall be disclosed only to personnel of the
5-11 center, law enforcement agencies, medical examiners, and district
5-12 attorneys, except that an officer of a law enforcement agency may
5-13 notify a victim's family in order to disclose whether a match has
5-14 occurred.
5-15 Sec. 105.122. CRIMINAL PENALTY AND CIVIL LIABILITY FOR
5-16 VIOLATION OF THIS SUBCHAPTER. (a) A person who collects,
5-17 processes, or stores DNA or samples from a living person used for
5-18 DNA testing under this subchapter, who intentionally violates
5-19 Section 105.120 or Section 105.121 is guilty of a Class B
5-20 misdemeanor.
5-21 (b) A person who collects, processes, or stores DNA or
5-22 samples from a living person for DNA testing under this subchapter
5-23 who intentionally violates Section 105.120 or Section 105.121 is
5-24 liable in civil damages to the donor of the DNA in the amount of
5-25 $5,000 for each violation, plus reasonable attorney's fees and
5-26 court costs.
6-1 SECTION 2. (a)(1) The University of North Texas Health
6-2 Science Center at Fort Worth missing persons DNA database shall be
6-3 funded by money deposited to the credit of the compensation to
6-4 victims of crime fund and the compensation to victims of crime
6-5 auxiliary fund and appropriated by the legislature.
6-6 (2) Money appropriated shall be deposited to the
6-7 credit of the University of North Texas Health Science Center at
6-8 Fort Worth missing persons DNA database fund, a special account
6-9 created in the general revenue fund for the sole purpose of
6-10 operating the database created under Subchapter I, Chapter 105,
6-11 Education Code, as added by this Act. Subsection (b), Section
6-12 403.095, Government Code, does not apply to the amount set aside by
6-13 this section.
6-14 (b)(1) Money appropriated to the University of North Texas
6-15 Health Science Center at Fort Worth missing persons DNA database
6-16 established under Subchapter I, Chapter 105, Education Code, as
6-17 added by this Act, shall be administered by the center for
6-18 establishing and maintaining center infrastructure, DNA sample
6-19 storage, DNA analysis, and labor costs for cases of missing persons
6-20 and unidentified remains.
6-21 (2) Funds may also be distributed by the University of
6-22 North Texas Health Science Center at Fort Worth to counties for the
6-23 purposes of pathology and exhumation as the center considers
6-24 necessary. The center may also expend funds to publicize the DNA
6-25 database for the purpose of contacting parents and relatives so
6-26 that they may provide a DNA sample, for training law enforcement
7-1 officials about the DNA database and DNA sampling, and for
7-2 outreach.
7-3 (c) The University of North Texas Health Science Center at
7-4 Fort Worth shall create an advisory committee composed of medical
7-5 examiners, appropriate law enforcement officials, and other
7-6 interested persons to impose priorities regarding the
7-7 identification of the backlog of unidentified remains. The
7-8 identification of the backlog may be outsourced to other
7-9 laboratories at the center's discretion.
7-10 (d)(1) Funding for the first year of operation of the
7-11 University of North Texas Health Science Center at Fort Worth
7-12 missing persons DNA database established under Subchapter I,
7-13 Chapter 105, Education Code, as added by this Act, shall be used to
7-14 develop the DNA database and center infrastructure, to establish
7-15 protocols, and to employ personnel.
7-16 (2) The University of North Texas Health Science
7-17 Center at Fort Worth shall begin case analyses using the missing
7-18 persons DNA database no later than September 1, 2001. The center
7-19 shall retain the authority to establish priorities regarding case
7-20 analyses, giving priority to those cases involving children.
7-21 (3) If federal funding is made available, it shall be
7-22 used to assist in the identification of the backlog of high-risk
7-23 missing person cases and long-term unidentified remains.
7-24 (4) This section expires January 1, 2006.
7-25 SECTION 3. If any provision of this Act or its application
7-26 to any person or circumstance is held invalid, the invalidity does
8-1 not affect other provisions or applications of this Act that can be
8-2 given effect without the invalid provision or application, and to
8-3 this end the provisions of this Act are declared to be severable.
8-4 SECTION 4. The changes in law made by this Act apply only to
8-5 a cause of action that accrues on or after the effective date of
8-6 this Act. A cause of action that accrues before the effective date
8-7 of this Act is governed by the law in effect on the date the cause
8-8 of action accrues, and that law is continued in effect for this
8-9 purpose.
8-10 SECTION 5. (a) The changes in law made by this Act apply
8-11 only to a criminal offense committed or a violation that occurs on
8-12 or after the effective date of this Act. For the purposes of this
8-13 section, a criminal offense is committed or a violation occurs
8-14 before the effective date of this Act if any element of the offense
8-15 or violation occurs before that date.
8-16 (b) A criminal offense committed or violation that occurs
8-17 before the effective date of this Act is covered by the law in
8-18 effect when the criminal offense was committed or the violation
8-19 occurred, and the former law is continued in effect for this
8-20 purpose.
8-21 SECTION 6. This Act takes effect immediately if it receives
8-22 a vote of two-thirds of all the members elected to each house, as
8-23 provided by Section 39, Article III, Texas Constitution. If this
8-24 Act does not receive the vote necessary for immediate effect, this
8-25 Act takes effect September 1, 2001.