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.