By: Harris S.B. No. 1304 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a missing persons DNA database at 1-3 University of North Texas Health Science Center; creating an 1-4 offense for release of confidential information in database and 1-5 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 FORTH 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 2-1 the person who is the subject of the analysis. 2-2 (7) "High-risk missing person" means: 2-3 (A) a person missing as a result of a stranger 2-4 abduction; 2-5 (B) a person missing under suspicious 2-6 circumstances; 2-7 (C) a person missing under unknown 2-8 circumstances; or 2-9 (D) a person who has been missing more than 30 2-10 days, or less than 30 days in the discretion of the investigating 2-11 agency, and there is reason to believe that the person is in danger 2-12 or deceased. 2-13 Sec. 105.111. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR 2-14 UNIDENTIFIED PERSONS. The board shall develop at University of 2-15 North Texas Health Science Center at Fort Worth a DNA database for 2-16 all cases involving the report of an unidentified deceased person 2-17 or a high-risk missing person. 2-18 Sec. 105.112. INFORMATION STORED IN DATABASE; PURPOSE. 2-19 (a) The database required in Section 105.111 shall comprise DNA 2-20 genetic markers that are appropriate for human identification, but 2-21 have no capability to predict biological function. These markers 2-22 shall be selected by the center and may change as the technology 2-23 for DNA typing progresses. 2-24 (b) The results of DNA typing shall be compatible with and 2-25 uploaded into the CODIS DNA database established by the Federal 2-26 Bureau of Investigation. 3-1 (c) The sole purpose of this database shall be to identify 3-2 missing persons and shall be kept separate from the database 3-3 established by the Department of Public Safety under Section 3-4 411.142, Government Code. 3-5 Sec. 105.113. COMPARISON OF SAMPLES. The center shall 3-6 compare DNA samples taken from the remains of unidentified deceased 3-7 persons with DNA samples taken from personal articles belonging to 3-8 the missing person or from the parents or appropriate relatives of 3-9 high-risk missing persons. 3-10 Sec. 105.114. PRESERVATION AND STORAGE OF SAMPLES. (a) The 3-11 board, in consultation with the center, shall by rule develop 3-12 standards and guidelines for the preservation and storage of DNA 3-13 samples. 3-14 (b) Any law enforcement agency that is required to collect 3-15 samples from unidentified remains for DNA testing shall comply with 3-16 all scientific methods typically used for the identification of 3-17 remains, including DNA, forensic anthropology, forensic odontology, 3-18 and fingerprints. 3-19 Sec. 105.115. COLLECTION OF SAMPLES. (a) A medical 3-20 examiner, coroner, justice of the peace, contract pathologist, or 3-21 their designees, as applicable, shall collect samples for DNA 3-22 testing from the remains of all unidentified persons and shall send 3-23 those samples to the center for DNA testing and inclusion in the 3-24 DNA database. 3-25 (b) After the center has taken a sample from the remains for 3-26 DNA analysis and analyzed it, the remaining evidence shall be 4-1 returned to the appropriate local medical examiner. 4-2 Sec. 105.116. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY 4-3 PARENT OF MISSING PERSON. (a) After a report has been made of a 4-4 person missing under high-risk circumstances, the responsible 4-5 investigating law enforcement agency shall inform the parents or 4-6 other appropriate relatives that they may give a voluntary sample 4-7 for DNA testing or may collect a DNA sample from a personal article 4-8 belonging to the missing person if available. The samples shall be 4-9 taken by the appropriate law enforcement agency in a manner 4-10 prescribed by the center. 4-11 (b) The responsible investigating law enforcement agency 4-12 shall wait no longer than 30 days after a report has been made to 4-13 inform the parents or other relatives of their right to give a 4-14 sample. 4-15 Sec. 105.117. RELEASE FORM. (a) The center shall develop a 4-16 standard release form that authorizes a mother, father, or other 4-17 relative to voluntarily provide the sample. The release shall 4-18 explain that DNA is to be used only for the purpose of identifying 4-19 the missing person. 4-20 (b) No incentive or coercion shall be used to compel a 4-21 parent or relative to provide a sample. 4-22 Sec. 105.118. MODEL KIT. The center shall develop a model 4-23 kit that law enforcement agencies shall use when taking samples 4-24 from parents and relatives. 4-25 Sec. 105.119. SUBMISSION OF SAMPLE TO Center. (a) Before 4-26 submitting the sample to the center for analysis, the law 5-1 enforcement agency shall re-verify the status of the missing 5-2 person. 5-3 (b) After 30 days has elapsed from the date the report was 5-4 filed, the law enforcement agency shall send the sample to the 5-5 center for DNA testing and inclusion in the DNA database, with a 5-6 copy of the crime report and any supplemental information. 5-7 Sec. 105.120. DESTRUCTION OF SAMPLES. All samples and DNA 5-8 extracted from a living person shall be destroyed after a positive 5-9 identification is made and a report is issued. 5-10 Sec. 105.121. CONFIDENTIALITY. All DNA samples shall be 5-11 confidential and shall be used disclosed only to personnel of the 5-12 center, law enforcement agencies, medical examiners, and district 5-13 attorneys, except that an officer of a law enforcement agency may 5-14 notify a victim's family in order to disclose whether a match has 5-15 occurred. 5-16 Sec. 105.122. CRIMINAL PENALTY AND CIVIL LIABILITY FOR 5-17 VIOLATION OF THIS SUBCHAPTER. (a) A person who collects, 5-18 processes, or stores DNA or samples from a living person used for 5-19 DNA testing under this section, who intentionally violates Section 5-20 105.120 or Section 105.121 is guilty of a Class B misdemeanor. 5-21 (b) A person who collects, processes, or stores DNA or 5-22 samples from a living person under for DNA testing under this 5-23 section who intentionally violates Section 105.120 or Section 5-24 105.121 is liable in civil damages to the donor of the DNA in the 5-25 amount of five thousand dollars ($5,000) for each violation, plus 5-26 reasonable attorney's fees and 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) Monies 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 separate account 6-9 hereby created in the general revenue fund in the state treasury 6-10 for the sole purpose of operating the database created under this 6-11 subchapter. Section 403.095(b), Government Code, does not apply to 6-12 the amount set aside by this section. 6-13 (b)(1) Monies appropriated to the University of North Texas 6-14 Health Science Center at Fort Worth Missing Persons DNA Database, 6-15 hereby established, shall be administered by the center for 6-16 establishing and maintaining center infrastructure, DNA sample 6-17 storage, DNA analysis, and labor costs for cases of missing persons 6-18 and unidentified remains. 6-19 (2) Funds may also be distributed by the center to 6-20 various counties for the purposes of pathology and exhumation as 6-21 the center deems necessary. The center may also use those funds to 6-22 publicize the database for the purpose of contacting parents and 6-23 relatives so that they may provide a DNA sample for training law 6-24 enforcement officials about the database and DNA sampling and for 6-25 outreach. 6-26 (c) The center shall create an advisory committee, 7-1 comprising medical examiners, appropriate law enforcement 7-2 officials, and other interested persons to impose priorities 7-3 regarding the identification of the backlog of unidentified 7-4 remains. The identification of the backlog may be outsourced to 7-5 other laboratories at the center's discretion. 7-6 (d)(1) Funding for the first year shall be used to develop 7-7 the database and center infrastructure, and to establish center 7-8 protocols and personnel. 7-9 (2) The center shall begin case analysis in 2003. The 7-10 center shall retain the authority to establish priorities regarding 7-11 case analysis, giving priority to those cases involving children. 7-12 (3) If federal funding is made available, it shall be 7-13 used to assist in the identification of the backlog of high-risk 7-14 missing person cases and long-term unidentified remains. 7-15 (4) This section shall remain in effect only until 7-16 January 1, 2006, and as of that date is repealed, unless a later 7-17 enacted statute that is enacted prior to January 1, 2006, deletes 7-18 or extends that date. 7-19 SECTION 3. SEVERABILITY. If any provision of this Act or 7-20 its application to any person or circumstance is held invalid, the 7-21 invalidity does not affect other provisions or applications of this 7-22 Act that can be given effect without the invalid provision or 7-23 application, and to this end the provisions of this Act are 7-24 declared to be severable. 7-25 SECTION 4. CIVIL CAUSES OF ACTION. The changes in law made 7-26 by this Act apply only to a cause of action that accrues on or 8-1 after the effective date of this article. A cause of action that 8-2 accrues before the effective date of this article is governed by 8-3 the law in effect on the date the cause of action accrues, and that 8-4 law is continued in effect for this purpose. 8-5 SECTION 5. CRIMINAL OFFENSES OR VIOLATIONS. (a) The 8-6 changes in law made by this Act apply only to a criminal offense 8-7 committed or a violation that occurs on or after the effective date 8-8 of this Act. For the purposes of this Act, a criminal offense is 8-9 committed or a violation occurs before the effective date of this 8-10 Act if any element of the offense or violation occurs before that 8-11 date. 8-12 (b) A criminal offense committed or violation that occurs 8-13 before the effective date of this Act is covered by the law in 8-14 effect when the criminal offense was committed or the violation 8-15 occurred, and the former law is continued in effect for this 8-16 purpose. 8-17 SECTION 6. EFFECTIVE DATE. This Act takes effect on 8-18 September 1, 2001.