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.