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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of DNA records for the state and federal |
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DNA database systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter G, Chapter 411, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER G. DNA [DATABASE SYSTEM] |
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SECTION 2. Subchapter G, Chapter 411, Government Code, is |
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amended by adding Section 411.150 to read as follows: |
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Sec. 411.150. FORENSIC IDENTIFICATION PROFILES FOR PERSONS |
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SUSPECTED OF A CRIMINAL OFFENSE. (a) A biological specimen that is |
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obtained from a person who is a suspect in a criminal investigation |
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may be analyzed for forensic identification profiles, including DNA |
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profiles, by: |
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(1) the DNA laboratory of the United States Department |
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of Justice; or |
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(2) public or private accredited crime laboratories in |
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this state that meet the quality assurance standards prescribed by |
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federal law. |
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(b) A law enforcement agency that submits a person's |
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specimen under this section to the DNA laboratory of the United |
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States Department of Justice or to an accredited public or private |
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crime laboratory in this state shall: |
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(1) inform the applicable laboratory, not later than |
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the second anniversary of the date the specimen is submitted, as to |
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whether the person remains a suspect in a criminal investigation; |
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and |
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(2) seek the expunction of any DNA records of a person |
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who is no longer considered to be a suspect, if the suspicion of the |
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person was the sole reason for the inclusion of those records in a |
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database. |
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SECTION 3. Section 411.151, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) When a person's DNA sample and DNA record are expunged |
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from the DNA database under this subchapter, the director or the |
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director's designee shall ensure that the person's DNA sample and |
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DNA record are also expunged from the CODIS database. The |
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department's failure to expunge a DNA record as required by this |
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section may not serve as the sole grounds for a court in a criminal |
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proceeding to exclude evidence based on or derived from the |
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contents of that record. |
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SECTION 4. The change in law made by this Act in adding |
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Section 411.150, Government Code, applies only to a biological |
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specimen obtained from a suspect on or after the effective date of |
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this Act. A biological specimen obtained from a suspect before the |
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effective date of this Act is governed by the law in effect on the |
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date the specimen was obtained, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |