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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of certain DNA samples from certain DNA |
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databases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 38.01, Code of Criminal |
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Procedure, is amended by adding Subdivision (3-a) to read as |
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follows: |
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(3-a) "Elimination sample" means a blood sample or |
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other biological sample or specimen voluntarily provided: |
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(A) by an individual to compare the individual's |
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DNA to another DNA sample and exclude the person from consideration |
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as the suspect or offender in a criminal case; or |
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(B) by the victim of an offense or another |
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individual not involved in the alleged offense whose DNA is likely |
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to be present at the scene of the crime to isolate and identify the |
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DNA of a potential perpetrator. |
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SECTION 2. Article 38.01, Code of Criminal Procedure, is |
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amended by adding Section 4-e to read as follows: |
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Sec. 4-e. RULES FOR REMOVAL OF CERTAIN DNA RECORDS FROM DNA |
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DATABASE. The commission shall adopt rules requiring each crime |
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laboratory that maintains a DNA database to, not later than three |
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months after the date on which a forensic DNA analysis of an |
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elimination sample is completed, remove from the DNA database the |
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DNA record created from the elimination sample and any other |
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information derived from that record that is contained in the |
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database. |
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SECTION 3. Section 411.141, Government Code, is amended by |
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adding Subdivision (8-a) to read as follows: |
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(8-a) "Elimination sample" means a blood sample or |
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other biological sample or specimen voluntarily provided: |
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(A) by an individual to compare the individual's |
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DNA to another DNA sample and exclude the person from consideration |
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as the suspect or offender in a criminal case; or |
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(B) by the victim of an offense or another |
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individual not involved in the alleged offense whose DNA is likely |
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to be present at the scene of the crime to isolate and identify the |
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DNA of a potential perpetrator. |
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SECTION 4. Section 411.142(g), Government Code, is amended |
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to read as follows: |
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(g) The DNA database may contain DNA records for the |
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following: |
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(1) an individual described by this subchapter, |
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including Section 411.1471, 411.148, or 411.154; |
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(2) [a biological specimen of a deceased victim of a |
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crime; |
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[(3)] a biological specimen that is legally obtained |
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in the investigation of a crime, regardless of origin; |
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(3) [(4)] results of testing ordered by a court under |
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this subchapter, Article 64.03, Code of Criminal Procedure, or |
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other law permitting or requiring the creation of a DNA record; |
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(4) [(5)] an unidentified missing person, or |
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unidentified skeletal remains or body parts; |
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(5) [(6)] a close biological relative of a person who |
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has been reported missing to a law enforcement agency; |
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(6) [(7)] a person at risk of becoming lost, such as a |
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child or a person declared by a court to be mentally incapacitated, |
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if the record is required by court order or a parent, conservator, |
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or guardian of the person consents to the record; or |
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(7) [(8)] an unidentified person, if the record does |
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not contain personal identifying information. |
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SECTION 5. Subchapter G, Chapter 411, Government Code, is |
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amended by adding Section 411.1431 to read as follows: |
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Sec. 411.1431. REMOVAL OF ELIMINATION SAMPLE DNA RECORD |
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FROM DNA DATABASE. Notwithstanding Section 411.142(g), not later |
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than three months after the date on which a forensic DNA analysis of |
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an elimination sample is completed, the director shall remove from |
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the DNA database the DNA record created from the elimination sample |
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and all information derived from that record that is contained in |
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the database. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act but not later than December 1, 2023: |
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(1) the Texas Forensic Science Commission shall: |
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(A) adopt rules for the removal of elimination |
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sample DNA records from a crime laboratory's DNA database, as |
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required by Section 4-e, Article 38.01, Code of Criminal Procedure, |
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as added by this Act; and |
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(B) require each crime laboratory to remove all |
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elimination sample DNA records and any information derived from |
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those records that have been stored in a DNA database maintained by |
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the crime laboratory for a period of more than three months; and |
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(2) the public safety director of the Department of |
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Public Safety shall remove all elimination sample DNA records and |
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any information derived from those records that have been stored in |
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the DNA database maintained by the director for a period of more |
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than three months. |
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SECTION 7. This Act takes effect September 1, 2023. |