1-1     By:  Harris                                           S.B. No. 1304
 1-2           (In the Senate - Filed March 8, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 9, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 9, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1304                By:  Whitmire
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation of a missing persons DNA database at the
1-11     University of North Texas Health Science Center at Fort Worth;
1-12     creating an offense for the release of confidential information in
1-13     the database and failure to destroy samples.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Chapter 105, Education Code, is amended by adding
1-16     Subchapter I to read as follows:
1-17           SUBCHAPTER I.  UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
1-18              CENTER AT FORT WORTH MISSING PERSONS DNA DATABASE
1-19           Sec. 105.110.  DEFINITIONS.  In this subchapter:
1-20                 (1)  "Board" means the board of regents of the
1-21     University of North Texas.
1-22                 (2)  "Center" means the University of North Texas
1-23     Health Science Center at Fort Worth.
1-24                 (3)  "DNA" means deoxyribonucleic acid.
1-25                 (4)  "DNA database" means the database that contains
1-26     forensic DNA records maintained by the center.
1-27                 (5)  "DNA laboratory" means a laboratory that performs
1-28     forensic DNA analysis on samples or specimens derived from a human
1-29     body or crime scene.
1-30                 (6)  "DNA record" means the results of a forensic DNA
1-31     analysis performed by a DNA laboratory and, if known, the name of
1-32     the person who is the subject of the analysis.
1-33                 (7)  "High-risk missing person" means:
1-34                       (A)  a person missing as a result of abduction by
1-35     a stranger;
1-36                       (B)  a person missing under suspicious
1-37     circumstances;
1-38                       (C)  a person missing under unknown
1-39     circumstances; or
1-40                       (D)  a person who has been missing:
1-41                             (i)  for 30 days or more; or
1-42                             (ii)  for less than 30 days and, in the
1-43     discretion of the investigating agency, there is reason to believe
1-44     that the person is in danger or is deceased.
1-45           Sec. 105.111.  ESTABLISHMENT OF DNA DATABASE FOR MISSING OR
1-46     UNIDENTIFIED PERSONS.  The board shall develop at the center a DNA
1-47     database for all cases involving the report of an unidentified
1-48     deceased person or a high-risk missing person.
1-49           Sec. 105.112.  INFORMATION STORED IN DATABASE; PURPOSE.
1-50     (a)  The DNA database shall comprise DNA genetic markers that are
1-51     appropriate for human identification but that have no capability of
1-52     predicting biological function.  These markers shall be selected by
1-53     the center and may change as the technology for DNA typing
1-54     progresses.
1-55           (b)  The results of DNA typing shall be compatible with and
1-56     shall be uploaded into the CODIS DNA database established by the
1-57     Federal Bureau of Investigation.
1-58           (c)  The sole purpose of this DNA database shall be to
1-59     identify missing persons, and this database shall be kept separate
1-60     from the database established by the Department of Public Safety
1-61     under Section 411.142, Government Code.
1-62           Sec. 105.113.  COMPARISON OF SAMPLES.  The center shall
1-63     compare DNA samples taken from the remains of unidentified deceased
1-64     persons with DNA samples taken from personal articles belonging to
 2-1     high-risk missing persons or from the parents or appropriate
 2-2     relatives of high-risk missing persons.
 2-3           Sec. 105.114.  PRESERVATION AND STORAGE OF SAMPLES.  (a)  The
 2-4     board, in consultation with the center, shall by rule develop
 2-5     standards and guidelines for the preservation and storage of DNA
 2-6     samples.
 2-7           (b)  Any law enforcement agency that is required to collect
 2-8     samples from unidentified remains for DNA testing shall comply with
 2-9     all scientific methods typically used for the identification of
2-10     remains, including methods with regard to DNA evidence and
2-11     fingerprint evidence and methods of forensic anthropology and
2-12     forensic odontology.
2-13           Sec. 105.115.  COLLECTION OF SAMPLES.  (a)  A medical
2-14     examiner, coroner, justice of the peace, contract pathologist, or
2-15     their designees, as applicable, shall collect samples for DNA
2-16     testing from the remains of all unidentified persons and shall send
2-17     those samples to the center for DNA testing and inclusion in the
2-18     DNA database.
2-19           (b)  After the center has taken a sample from the remains for
2-20     DNA analysis and analyzed it, the remaining evidence shall be
2-21     returned to the appropriate local medical examiner.
2-22           Sec. 105.116.  DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY
2-23     PARENT OF MISSING PERSON.  (a)  After a report has been made of a
2-24     person missing under high-risk circumstances, the responsible
2-25     investigating law enforcement agency shall inform the parents or
2-26     other appropriate relatives that they may give a voluntary sample
2-27     for DNA testing or may collect a DNA sample from a personal article
2-28     belonging to the high-risk missing person if available.  The
2-29     samples shall be taken by the appropriate law enforcement agency in
2-30     a manner prescribed by the center.
2-31           (b)  Not later than the 30th day after a missing person
2-32     report has been made, the responsible investigating law enforcement
2-33     agency shall inform the parents or other relatives of the missing
2-34     person of their right to give a sample.
2-35           Sec. 105.117.  RELEASE FORM.  (a)  The center shall develop a
2-36     standard release form that authorizes a mother, father, or other
2-37     relative to voluntarily provide a sample for DNA testing.  The
2-38     release shall explain that DNA is to be used only for the purpose
2-39     of identifying the missing person.
2-40           (b)  No incentive or coercion may be used to compel a parent
2-41     or relative to provide a sample.
2-42           Sec. 105.118.  MODEL KIT.  The center shall develop a model
2-43     kit that law enforcement agencies shall use when taking samples
2-44     from parents and relatives.
2-45           Sec. 105.119.  SUBMISSION OF SAMPLE TO CENTER.  (a)  Before
2-46     submitting a sample to the center for DNA analysis, the law
2-47     enforcement agency shall reverify the status of the missing person.
2-48           (b)  Thirty days after the date a missing person report is
2-49     filed, or as soon thereafter as is practicable, the law enforcement
2-50     agency shall send  to the center any sample taken for DNA testing
2-51     and inclusion in the DNA database, along with a copy of the crime
2-52     report and any supplemental information.
2-53           Sec. 105.120.  DESTRUCTION OF SAMPLES.  All samples and DNA
2-54     extracted from a living person shall be destroyed after a positive
2-55     identification is made and a report is issued.
2-56           Sec. 105.121.  CONFIDENTIALITY.  All DNA samples shall be
2-57     confidential and shall be disclosed only to personnel of the
2-58     center, law enforcement agencies, medical examiners, and district
2-59     attorneys, except that an officer of a law enforcement agency may
2-60     notify a victim's family in order to disclose whether a match has
2-61     occurred.
2-62           Sec. 105.122.  CRIMINAL PENALTY AND CIVIL LIABILITY FOR
2-63     VIOLATION OF THIS SUBCHAPTER.  (a)  A person who collects,
2-64     processes, or stores DNA or samples from a living person used for
2-65     DNA testing under this subchapter, who intentionally violates
2-66     Section 105.120 or Section 105.121 is guilty of a Class B
2-67     misdemeanor.
2-68           (b)  A person who collects, processes, or stores DNA or
2-69     samples from a living person for DNA testing under this subchapter
 3-1     who intentionally violates Section 105.120 or Section 105.121 is
 3-2     liable in civil damages to the donor of the DNA in the amount of
 3-3     $5,000 for each violation, plus reasonable attorney's fees and
 3-4     court costs.
 3-5           SECTION 2.  (a)(1) The University of North Texas Health
 3-6     Science Center at Fort Worth missing persons DNA database shall be
 3-7     funded by money deposited to the credit of the compensation to
 3-8     victims of crime fund and the compensation to victims of crime
 3-9     auxiliary fund and appropriated by the legislature.
3-10                 (2)  Money appropriated shall be deposited to the
3-11     credit of the University of North Texas Health Science Center at
3-12     Fort Worth missing persons DNA database fund, a special account
3-13     created in the general revenue fund for the sole purpose of
3-14     operating the database created under Subchapter I, Chapter 105,
3-15     Education Code, as added by this Act.  Subsection (b), Section
3-16     403.095, Government Code, does not apply to the amount set aside by
3-17     this section.
3-18           (b)(1)  Money appropriated to the University of North Texas
3-19     Health Science Center at Fort Worth missing persons DNA database
3-20     established under Subchapter I, Chapter 105, Education Code, as
3-21     added by this Act, shall be administered by the center for
3-22     establishing and maintaining center infrastructure, DNA sample
3-23     storage, DNA analysis, and labor costs for cases of missing persons
3-24     and unidentified remains.
3-25                 (2)  Funds may also be distributed by the University of
3-26     North Texas Health Science Center at Fort Worth to counties for the
3-27     purposes of pathology and exhumation as the center considers
3-28     necessary.  The center may also expend funds to publicize the DNA
3-29     database for the purpose of contacting parents and relatives so
3-30     that they may provide a DNA sample, for training law enforcement
3-31     officials about the DNA database and DNA sampling, and for
3-32     outreach.
3-33           (c)  The University of North Texas Health Science Center at
3-34     Fort Worth shall create an advisory committee composed of medical
3-35     examiners, appropriate law enforcement officials, and other
3-36     interested persons to impose priorities regarding the
3-37     identification of the backlog of unidentified remains.  The
3-38     identification of the backlog may be outsourced to other
3-39     laboratories at the center's discretion.
3-40           (d)(1)  Funding for the first year of operation of the
3-41     University of North Texas Health Science Center at Fort Worth
3-42     missing persons DNA database established under Subchapter I,
3-43     Chapter 105, Education Code, as added by this Act, shall be used to
3-44     develop the DNA database and center infrastructure, to establish
3-45     protocols, and to employ personnel.
3-46                 (2)  The University of North Texas Health Science
3-47     Center at Fort Worth shall begin case analyses using the missing
3-48     persons DNA database no later than September 1, 2001.  The center
3-49     shall retain the authority to establish priorities regarding case
3-50     analyses, giving priority to those cases involving children.
3-51                 (3)  If federal funding is made available, it shall be
3-52     used to assist in the identification of the backlog of high-risk
3-53     missing person cases and long-term unidentified remains.
3-54                 (4)  This section expires January 1, 2006.
3-55           SECTION 3.  If any provision of this Act or its application
3-56     to any person or circumstance is held invalid, the invalidity does
3-57     not affect other provisions or applications of this Act that can be
3-58     given effect without the invalid provision or application, and to
3-59     this end the provisions of this Act are declared to be severable.
3-60           SECTION 4.  The changes in law made by this Act apply only to
3-61     a cause of action that accrues on or after the effective date of
3-62     this Act.  A cause of action that accrues before the effective date
3-63     of this Act is governed by the law in effect on the date the cause
3-64     of action accrues, and that law is continued in effect for this
3-65     purpose.
3-66           SECTION 5.  (a)  The changes in law made by this Act apply
3-67     only to a criminal offense committed or a violation that occurs on
3-68     or after the effective date of this Act.  For the purposes of this
3-69     section, a criminal offense is committed or a violation occurs
 4-1     before the effective date of this Act if any element of the offense
 4-2     or violation occurs before that date.
 4-3           (b)  A criminal offense committed or violation that occurs
 4-4     before the effective date of this Act is covered by the law in
 4-5     effect when the criminal offense was committed or the violation
 4-6     occurred, and the former law is continued in effect for this
 4-7     purpose.
 4-8           SECTION 6.  This Act takes effect immediately if it receives
 4-9     a vote of two-thirds of all the members elected to each house, as
4-10     provided by Section 39, Article III, Texas Constitution.  If this
4-11     Act does not receive the vote necessary for immediate effect, this
4-12     Act takes effect September 1, 2001.
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