77R10409 KEL-F
By Harris S.B. No. 1304
Substitute the following for S.B. No. 1304:
By Turner of Coleman C.S.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 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 105, Education Code, is amended by adding
1-7 Subchapter I to read as follows:
1-8 SUBCHAPTER I. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
1-9 AT FORT WORTH MISSING PERSONS DNA DATABASE
1-10 Sec. 105.111. DEFINITIONS. In this subchapter:
1-11 (1) "Board" means the board of regents of the
1-12 University of North Texas System.
1-13 (2) "Center" means the University of North Texas
1-14 Health Science Center at Fort Worth.
1-15 (3) "DNA" means deoxyribonucleic acid.
1-16 (4) "DNA database" means the database containing
1-17 forensic DNA analysis results, including any known name of the
1-18 person who is the subject of the forensic DNA analysis, that is
1-19 maintained by the center.
1-20 (5) "High-risk missing person" means:
1-21 (A) a person missing as a result of an abduction
1-22 by a stranger;
1-23 (B) a person missing under suspicious or
1-24 unknown circumstances; or
2-1 (C) a person who has been missing more than 30
2-2 days, or less than 30 days at the discretion of the investigating
2-3 agency, if there is reason to believe that the person is in danger
2-4 or deceased.
2-5 (6) "Law enforcement agency" means the law enforcement
2-6 agency primarily responsible for investigating a report of a
2-7 high-risk missing person.
2-8 Sec. 105.112. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR
2-9 UNIDENTIFIED PERSONS. (a) The board shall develop at the
2-10 University of North Texas Health Science Center at Fort Worth a DNA
2-11 database for any case based on the report of unidentified human
2-12 remains or a report of a high-risk missing person.
2-13 (b) The sole purpose of the database is to identify
2-14 unidentified human remains and high-risk missing persons.
2-15 (c) The database is separate from the database established
2-16 by the Department of Public Safety under Subchapter G, Chapter 411,
2-17 Government Code.
2-18 Sec. 105.113. INFORMATION STORED IN DATABASE. (a) The
2-19 database required in Section 105.112 may contain only DNA genetic
2-20 markers that are commonly recognized as appropriate for human
2-21 identification. Except to the extent that those markers are
2-22 appropriate for human identification, the database may not contain
2-23 DNA genetic markers that predict biological function. The center
2-24 shall select the DNA genetic markers for inclusion in the DNA
2-25 database based on existing technology for forensic DNA analysis.
2-26 (b) The results of the forensic DNA analysis must be
2-27 compatible with the CODIS DNA database established by the Federal
3-1 Bureau of Investigation and the center must make the results
3-2 available for inclusion in that database.
3-3 Sec. 105.114. COMPARISON OF SAMPLES. The center shall
3-4 compare DNA samples taken from unidentified human remains with DNA
3-5 samples taken from personal articles belonging to high-risk missing
3-6 persons or from parents of high-risk missing persons or other
3-7 appropriate persons.
3-8 Sec. 105.115. STANDARDS: COLLECTION; STORAGE. In
3-9 consultation with the center, the board by rule shall develop
3-10 standards and guidelines for the collection of DNA samples
3-11 submitted to the center and the center's storage of DNA samples.
3-12 Sec. 105.116. COLLECTION OF SAMPLES. (a) An entity charged
3-13 under other state law with the responsibility of collecting DNA
3-14 samples from unidentified human remains shall submit those samples
3-15 to the center for forensic DNA analysis and inclusion of the
3-16 results in the DNA database.
3-17 (b) After the center has performed the forensic DNA
3-18 analysis, the center shall return the remaining sample to the
3-19 entity submitting the sample to the center.
3-20 Sec. 105.117. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY
3-21 APPROPRIATE PERSONS REGARDING PROVISION OF VOLUNTARY SAMPLE. Not
3-22 later than the 30th day after the date a report of a high-risk
3-23 missing person is filed, the law enforcement agency shall inform a
3-24 parent or any other person considered appropriate by the agency
3-25 that the person may provide:
3-26 (1) a DNA sample for forensic DNA analysis; or
3-27 (2) for purposes of DNA sampling, a personal article
4-1 belonging to the high-risk missing person.
4-2 Sec. 105.118. RELEASE FORM. (a) The center shall develop a
4-3 standard release form that authorizes a parent or other appropriate
4-4 person to voluntarily provide under Section 105.117 a DNA sample or
4-5 a personal article for purposes of DNA sampling. The release must
4-6 explain that the DNA sample is to be used only to identify the
4-7 high-risk missing person.
4-8 (b) A law enforcement agency may not use any form of
4-9 incentive or coercion to compel the parent or other appropriate
4-10 person to provide a sample or article under this subchapter.
4-11 Sec. 105.119. PROTOCOL FOR OBTAINING SAMPLES RELATING TO
4-12 HIGH-RISK MISSING PERSONS. (a) The law enforcement agency shall
4-13 take DNA samples from parents or other appropriate persons under
4-14 Section 105.117 in any manner prescribed by the center.
4-15 (b) The center shall develop a model kit to be used by a law
4-16 enforcement agency to take DNA samples from parents or other
4-17 appropriate persons.
4-18 Sec. 105.120. SUBMISSION OF SAMPLE TO CENTER. (a) Before
4-19 submitting to the center a DNA sample obtained under Section
4-20 105.117, the law enforcement agency shall reverify the status of a
4-21 high-risk missing person.
4-22 (b) As soon as practicable after a DNA sample is obtained,
4-23 the law enforcement agency shall submit the DNA sample, a copy of
4-24 the missing person's report, and any supplemental information to
4-25 the center.
4-26 Sec. 105.121. DESTRUCTION OF SAMPLES. All DNA samples
4-27 extracted from a living person shall be destroyed after a positive
5-1 identification is made and a report is issued.
5-2 Sec. 105.122. CONFIDENTIALITY. (a) Except as provided by
5-3 Subsection (b), the results of a forensic DNA analysis performed by
5-4 the center are confidential.
5-5 (b) The center may disclose the results of a forensic DNA
5-6 analysis only to:
5-7 (1) personnel of the center;
5-8 (2) law enforcement agencies;
5-9 (3) medical examiners;
5-10 (4) attorneys representing the state; and
5-11 (5) a parent or other appropriate person voluntarily
5-12 providing a DNA sample or an article under Section 105.117.
5-13 Sec. 105.123. CRIMINAL PENALTY. (a) A person who collects,
5-14 processes, or stores a DNA sample from a living person for forensic
5-15 DNA analysis under this section commits an offense if the person
5-16 intentionally violates Section 105.121 or Section 105.122.
5-17 (b) An offense under this section is a Class B misdemeanor.
5-18 Sec. 105.124. CIVIL PENALTY. A person who collects,
5-19 processes, or stores a DNA sample from a living person for forensic
5-20 DNA analysis under this section and who intentionally violates
5-21 Section 105.121 or Section 105.122 is liable in civil damages to
5-22 the donor of the DNA in the amount of $5,000 for each violation,
5-23 plus reasonable attorney's fees and court costs.
5-24 Sec. 105.125. MISSING PERSONS DNA DATABASE FUND. (a) The
5-25 missing persons DNA database fund is a separate account in the
5-26 general revenue fund.
5-27 (b) Notwithstanding Article 56.54(g), Code of Criminal
6-1 Procedure, the legislature may appropriate money in the
6-2 compensation to victims of crime fund and the compensation to
6-3 victims of crime auxiliary fund to fund the University of North
6-4 Texas Health Science Center at Fort Worth Missing Persons DNA
6-5 Database. Legislative appropriations under this subsection shall
6-6 be deposited to the credit of the account created under Subsection
6-7 (a).
6-8 (c) Money in the account may be used only for purposes of
6-9 developing and maintaining the DNA database as described by this
6-10 section.
6-11 (d) The center may use money in the account only to:
6-12 (1) establish and maintain center infrastructure;
6-13 (2) pay the costs of DNA sample storage, forensic DNA
6-14 analysis, and labor costs for cases of high-risk missing persons
6-15 and unidentified human remains;
6-16 (3) reimburse counties for the purposes of pathology
6-17 and exhumation as considered necessary by the center;
6-18 (4) publicize the DNA database for the purpose of
6-19 contacting parents and other appropriate persons so that they may
6-20 provide a DNA sample or a personal article for DNA sampling;
6-21 (5) educate law enforcement officers about the DNA
6-22 database and DNA sampling; and
6-23 (6) provide outreach programs related to the purposes
6-24 of this chapter.
6-25 (e) Section 403.095(b), Government Code, does not apply to
6-26 the account established under Subsection (a).
6-27 Sec. 105.126. BACKLOG OF UNIDENTIFIED HUMAN REMAINS:
7-1 ADVISORY COMMITTEE AND OUTSOURCING. (a) The center shall create
7-2 an advisory committee, consisting of medical examiners, law
7-3 enforcement officials, and other interested persons as determined
7-4 appropriate by the center, to impose priorities regarding the
7-5 identification of the backlog of high-risk missing person cases and
7-6 unidentified human remains.
7-7 (b) The center shall use any available federal funding to
7-8 assist in reducing the backlog of high-risk missing person cases
7-9 and unidentified human remains.
7-10 (c) The reduction of the backlog may be outsourced to other
7-11 appropriate laboratories at the center's discretion.
7-12 Sec. 105.127. INITIAL OPERATIONS. (a) The center shall use
7-13 funding for the state fiscal year beginning on September 1, 2002,
7-14 to:
7-15 (1) develop the DNA database and center
7-16 infrastructure; and
7-17 (2) establish center protocols and employ center
7-18 personnel.
7-19 (b) The center shall begin case analyses in 2004. The
7-20 center shall retain the authority to establish priorities regarding
7-21 case analysis, giving priority to those cases involving children.
7-22 (c) This section expires January 1, 2006.
7-23 SECTION 2. This Act takes effect September 1, 2002.