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A BILL TO BE ENTITLED
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AN ACT
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relating to the Department of Public Safety performing DNA testing |
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of certain individuals crossing the Texas-Mexico border and |
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restrictions on the use of the results of those tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. DNA TESTING OF CERTAIN INDIVIDUALS CROSSING |
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TEXAS-MEXICO BORDER |
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Sec. 421.121. DEFINITIONS. In this subchapter: |
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(1) "CODIS" has the meaning assigned by Section |
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411.141. |
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(2) "DNA" means deoxyribonucleic acid. |
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(3) "DNA database" has the meaning assigned by Section |
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411.141. |
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(4) "Rapid DNA test" means a process for developing a |
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DNA profile of an individual: |
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(A) based on a biological sample consisting of a |
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buccal swab of the individual; and |
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(B) without the need for human intervention in |
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the process or the use of facilities dedicated to performing DNA |
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analyses and testing. |
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Sec. 421.122. DNA TESTING PROGRAM; AGREEMENT. The |
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Department of Public Safety shall enter into an agreement with the |
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United States Department of Homeland Security on request to |
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establish a program for: |
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(1) performing DNA tests, including rapid DNA tests, |
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of individuals who: |
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(A) enter into this state by crossing between |
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ports of entry along the Texas-Mexico border; |
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(B) are detained or arrested by the Department of |
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Homeland Security; and |
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(C) the Department of Homeland Security has |
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probable cause to believe engaged in conduct constituting an |
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offense under Chapter 20A, Penal Code, evidence of which may |
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include the coercion, confinement, or transportation of persons for |
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labor or sexual exploitation; and |
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(2) promptly providing the results of the DNA tests |
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described by Subdivision (1) to the Department of Homeland Security |
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for use in the enforcement of federal immigration laws. |
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Sec. 421.123. BIOLOGICAL SAMPLES TO BE DESTROYED. The |
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Department of Public Safety shall destroy the biological sample |
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used to perform a DNA test, including a rapid DNA test, under the |
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agreement described by Section 421.122 after performing the test |
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and providing the results. |
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Sec. 421.124. DNA DATABASE AND USE OF CODIS PROHIBITED. The |
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Department of Public Safety, using the results of DNA tests, |
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including rapid DNA tests, performed under the agreement described |
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by Section 421.122, may not: |
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(1) maintain a DNA database; |
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(2) enter the results of the DNA tests into CODIS; or |
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(3) search CODIS. |
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Sec. 421.125. REQUIRED PROVISIONS. The agreement described |
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by Section 421.122 must contain provisions that are substantially |
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similar to the duty under Section 421.123 and the prohibitions |
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under Section 421.124. |
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Sec. 421.126. FUNDING. Notwithstanding any other provision |
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of this subchapter, the Department of Public Safety may not |
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establish or operate the program under Section 421.122, unless the |
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department receives funding from the United States Department of |
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Homeland Security sufficient to cover the costs of establishing and |
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operating the program, as determined by the Department of Public |
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Safety. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |