BILL ANALYSIS

H.B. 3506

By: Harris, Caroline

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2022, it came to light that prosecutors in California were using a sexual assault victim's 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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Forensic Science Commission in SECTION 2 of this bill.

ANALYSIS

H.B. 3506 amends the Code of Criminal Procedure to require the Texas Forensic Science Commission, not later than December 1, 2023, to do the following with respect to elimination samples of DNA:

· adopt rules requiring each crime laboratory that maintains a DNA database to remove from the database, not later than three months after the date on which a forensic DNA analysis of an elimination sample is completed, the DNA record created from the sample and any other information derived from that record that is contained in the database; and

· require each crime laboratory to remove all elimination sample DNA records and any information derived from those records that have been stored in a laboratory database for a period of more than three months.

The bill defines "elimination sample" as a blood sample or other biological sample or specimen voluntarily provided by an individual to compare the individual's DNA to another DNA sample and exclude the person from consideration as the suspect or offender in a criminal case or by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.

H.B. 3506 amends the Government Code to impose that same three-month removal requirement on the public safety director of the Department of Public Safety with respect to the director's DNA database and to require the director to remove all applicable records and information that have been stored in the database for more than three months not later than December 1, 2023. The bill removes the authorization for a DNA record for a biological specimen of a deceased victim of a crime to be contained in the director's DNA database.

EFFECTIVE DATE

September 1, 2023.