| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duties of law enforcement agencies, crime |
|
|
laboratories, and the Department of Public Safety following the |
|
|
performance of certain DNA profile comparisons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 420.043, Government Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) Not later than the seventh day after the date the |
|
|
department performs a comparison of DNA profiles required under |
|
|
Subsection (a), the department shall notify the accredited crime |
|
|
laboratory that analyzed the evidence collection kit containing |
|
|
biological evidence whether the comparison of the DNA profile |
|
|
obtained from the biological evidence to DNA profiles contained in |
|
|
the databases described by Subsections (a)(1) and (2) resulted in |
|
|
any matches. |
|
|
SECTION 2. Subchapter B-1, Chapter 420, Government Code, is |
|
|
amended by adding Section 420.0431 to read as follows: |
|
|
Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If |
|
|
a match is identified under Section 402.043 between biological |
|
|
evidence contained in an evidence collection kit and a DNA profile |
|
|
contained in a database described by Subsection (a)(1) or (2) of |
|
|
that section, on request of the accredited crime laboratory that |
|
|
performed the analysis of the evidence collection kit, a law |
|
|
enforcement agency that submitted the evidence collection kit to |
|
|
the crime laboratory shall, not later than the fifth business day |
|
|
after the date the request is made, provide any additional |
|
|
information requested by the crime laboratory concerning the match. |
|
|
(b) Not later than the 30th day after a match is identified |
|
|
under Section 402.043 between biological evidence contained in an |
|
|
evidence collection kit and a DNA profile contained in a database |
|
|
described by Subsection (a)(1) or (2) of that section, written |
|
|
notification must be provided to the law enforcement agency that |
|
|
submitted the evidence collection kit of: |
|
|
(1) any case-to-case match that may assist in the |
|
|
investigation of a criminal case but does not identify a suspect or |
|
|
offender; and |
|
|
(2) any verified match that identifies a suspect or |
|
|
offender. |
|
|
(c) Verification of a match identifying an offender under |
|
|
Subsection (b)(2) may be expedited in cases involving a significant |
|
|
public safety concern. |
|
|
(d) Not later than the fifth business day after receiving a |
|
|
notification under Subsection (b)(1), the law enforcement agency |
|
|
shall acknowledge receipt of the notification. |
|
|
(e) Not later than the 30th day after the date a law |
|
|
enforcement agency receives a notification of a verified match |
|
|
under Subsection (b)(2), the law enforcement agency shall attempt |
|
|
to collect a DNA sample from an identified suspect or offender and |
|
|
submit the sample to an accredited crime laboratory for analysis. |
|
|
SECTION 3. Section 420.043, Government Code, as amended by |
|
|
this Act, and Section 420.0431, Government Code, as added by this |
|
|
Act, apply only to the comparison of DNA profiles that is performed |
|
|
on or after the effective date of this Act. A comparison of DNA |
|
|
profiles performed before the effective date of this Act is |
|
|
governed by the law in effect on the date the comparison was |
|
|
performed, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |