BILL ANALYSIS

Senate Research Center	H.B. 3506
88R11551 MEW-F	By: Harris, Caroline; Hull (Hughes)
	State Affairs
	5/13/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2022, it came to light that prosecutors in California were using a sexual assault victim's deoxyribonucleic acid (DNA) sample collected from a rape kit years later in a criminal investigation. This has caused outcry and led many in the legal community as well as sexual assault survivors to point out the moral and ethical problems with storing a victim's DNA in a law enforcement database. H.B. 3506 seeks to safeguard the privacy of victims of sexual assault by ensuring that their DNA is not permanently stored in such a database and then distributed to other entities. This bill will help prevent circumstances where a victim is wrongfully connected to a crime they did not commit and will provide peace of mind to those who may be concerned about their biological information being shared with a multitude of sources.

H.B. 3506 amends current law relating to the removal of certain DNA samples from certain DNA databases.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Forensic Science Commission in SECTION 2 (Article 38.01, Code of Criminal Procedure) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Article 38.01, Code of Criminal Procedure, by adding Subdivision (3-a) to define "elimination sample."

SECTION 2. Amends Article 38.01, Code of Criminal Procedure, by adding Section 4-e, as follows:

Sec. 4-e. RULES FOR REMOVAL OF CERTAIN DNA RECORDS FROM DNA DATABASE. Requires the Texas Forensic Science Commission (FSC) to adopt rules requiring each crime laboratory that maintains a DNA database to, not later than three months after the date on which a forensic DNA analysis of an elimination sample is completed, remove from the DNA database the DNA record created from the elimination sample and any other information derived from that record that is contained in the database.

SECTION 3. Amends Section 411.141, Government Code, by adding Subdivision (8-a) to define "elimination sample."

SECTION 4. Amends Section 411.142(g), Government Code, by deleting existing text authorizing the DNA database to contain DNA records for a biological specimen of a deceased victim of a crime. Makes nonsubstantive changes.

SECTION 5. Amends Subchapter G, Chapter 411, Government Code, by adding Section 411.1431, as follows:

Sec. 411.1431. REMOVAL OF ELIMINATION SAMPLE DNA RECORD FROM DNA DATABASE. Requires the public safety director of the Department of Public Safety of the State of Texas (director; DPS), notwithstanding Section 411.142(g), not later than three months after the date on which a forensic DNA analysis of an elimination sample is completed, to remove from the DNA database the DNA record created from the elimination sample and all information derived from that record that is contained in the database.

SECTION 6. Provides that, as soon as practicable after the effective date of this Act but not later than December 1, 2023:

(1) FSC is required to:

(A) adopt rules for the removal of elimination sample DNA records from a crime laboratory's DNA database, as required by Section 4-e, Article 38.01 (Texas Forensic Science Commission), Code of Criminal Procedure, as added by this Act; and

(B) require each crime laboratory to remove all elimination sample DNA records and any information derived from those records that have been stored in a DNA database maintained by the crime laboratory for a period of more than three months; and

(2) the director is required to remove all elimination sample DNA records and any information derived from those records that have been stored in the DNA database maintained by the director for a period of more than three months.

SECTION 7. Effective date: September 1, 2023.