BILL ANALYSIS

 

 

Senate Research Center

S.B. 1723

 

By: Creighton

 

Criminal Justice

 

7/1/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In the 86th Legislature, H.B. 1399 was signed into law requiring collection of DNA samples by law enforcement at the time of booking for certain felony arrests. In the 88th Legislature, H.B. 3956 was signed into law requiring DNA samples to be collected at booking for all arrestees charged with a felony class offense. As a result of this historic legislation, in fiscal year 2024, the Texas Department of Public Safety (DPS) Crime Lab Division solved approximately 1,005 cases utilizing DNA collection at the time of booking.

 

New technology has emerged that severely decreases the time required to process the DNA samples that are collected at booking. Instead of taking up to between 24 to 72 hours and falling into a testing backlog, rapid DNA analysis allows for samples collected to be processed, analyzed, and provide results in 90 to 120 minutes. This breakthrough technology, when implemented, will streamline the DNA collection and analyzation process to solve cold cases, reduce DNA testing backlogs, and prevent violent, repeat offenders from committing crimes.

 

S.B. 1723 establishes a rapid DNA analysis pilot program under the guidance of DPS no later than September 1, 2026. DPS will select two counties to participate in the pilot program.

 

S.B. 1723 permits DPS and participating law enforcement agencies to consult with the Federal Bureau of Investigation regarding rapid DNA analysis implementation and best practices.

 

DPS is directed to review the pilot program and submit a report to the legislature on the pilot program and any recommendations they may have regarding the continuation or expansion of the program no later than January 1, 2028.

 

Additionally, DPS is permitted to accept gifts, grants, and donations pertaining to funding the pilot program.

 

S.B. 1723 amends current law relating to rapid DNA analysis by certain law enforcement agencies, the establishment of a related pilot program, and the content of certain DNA databases.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the public safety director of the Department of Public Safety of the State of Texas is modified in SECTION 4 (Section 411.144, Government Code), SECTION 5 (Section 411.146, Government Code), and SECTION 7 (Section 411.147, Government Code) of this bill.

 

Rulemaking authority is expressly granted to the Department of Public Safety of the State of Texas in SECTION 6 (Section 411.1465, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 411.141, Government Code, by amending Subdivisions (1) and (7) and adding Subdivisions (1-a), (11-a), and (13) to redefine "DNA record" and to define "authorized law enforcement agency," "law enforcement agency," and "rapid DNA analysis."

 

SECTION 2. Amends Section 411.142(h), Government Code, to require the public safety director of the Department of Public Safety of the State of Texas (director; DPS) to establish standards for DNA analysis by a DNA laboratory, rather than the DNA laboratory, and standards for rapid DNA analysis by an authorized law enforcement agency that meet or exceed the current standards for quality assurance and proficiency testing for forensic DNA analysis issued by the FBI.

 

SECTION 3. Amends Sections 411.143(c), (e), and (f), Government Code, as follows:

 

(c) Provides that other purposes of the DNA database system include retesting to validate or update the original analysis or assisting in quality control with respect to the database or with respect to the laboratories or agencies performing forensic DNA analyses, rather than assisting in database or DNA laboratory quality control.

 

(e) Prohibits the director from storing a name or other personal identifying information in the CODIS database unless approved by the Federal Bureau of Investigation (FBI).

 

(f) Provides that the DNA database, except as provided by Subchapter G (DNA Database System), Chapter 411 (Department of Public Safety of the State of Texas), is authorized only to include criminal history record information approved by the FBI. Deletes existing text prohibiting the DNA database from including criminal history record information.

 

SECTION 4. Amends Section 411.144, Government Code, as follows:

 

Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES. (a) Requires the director by rule to establish procedures for a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis, including rapid DNA analysis, in a manner that permits the exchange of DNA evidence between DNA laboratories and criminal justice agencies and the use of the evidence in a criminal case.

 

(b) Requires a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, to follow certain procedures.

 

(c) Authorizes the director at any reasonable time to enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of certain laboratories and any authorized law enforcement agency. Makes nonsubstantive changes.

 

(d) Requires a DNA laboratory conducting a forensic DNA analysis under this subchapter or an authorized law enforcement agency performing a rapid DNA analysis under this subchapter to take certain actions.

 

(e) Provides that the director is the Texas liaison for DNA data, records, evidence, and other related matters between certain entities, including a DNA laboratory or a criminal justice agency, including an authorized law enforcement agency.

 

(f) Authorizes the director to take certain actions, including authorizing a law enforcement agency to perform rapid DNA analyses under Section 411.146(c-1). Makes a nonsubstantive change.

 

SECTION 5. Amends Section 411.146, Government Code, by amending Subsections (c) and (e) and adding Subsection (c-1), as follows:

 

(c) (1) Makes no changes to this subdivision.

 

(2) Provides that a criminal justice agency permitted or require to collect a DNA sample for forensic DNA analysis, including rapid DNA analysis, under this subchapter, is authorized to collect the sample or contract with certain entities to collect the sample and is required to take certain actions.

 

(c-1) Authorizes a law enforcement agency, subject to the other requirements prescribed by this subchapter and rules adopted under this subchapter, to perform a rapid DNA analysis under this subchapter if:

 

(1) the agency requests the director's approval to use a system capable of performing a rapid DNA analysis; and

 

(2) the director authorizes the agency to use the system described by Subdivision (1) to perform rapid DNA analyses.

 

(e) Provides that a DNA laboratory or an authorized law enforcement agency is authorized to analyze a DNA sample collected under this section only for certain purposes.

 

SECTION 6. Amends Subchapter G, Chapter 411, Government Code, by adding Section 411.1465, as follows:

 

Sec. 411.1465. RAPID DNA ANALYSIS PILOT PROGRAM. (a) Defines "rapid DNA analysis."

 

(b) Requires DPS to establish a pilot program to optimize the process of reporting DNA records and decrease the number of arrests for which a DNA sample is not collected and analyzed by assisting law enforcement agencies in implementing rapid DNA analysis of DNA samples collected under Section 411.1471(b) (relating to requiring a law enforcement agency booking a defendant to require the defendant to provide one or more specimens for the purpose of creating a DNA record).

 

(c) Requires DPS, not later than September 1, 2025, to begin updating information technology systems as necessary to support the pilot program.

 

(d) Requires DPS, not later than September 1, 2026, to begin implementing the pilot program in two counties as determined by DPS. Authorizes DPS to expand the pilot program to additional counties.

 

(e) Authorizes DPS and each law enforcement agency participating in the pilot program to consult with the FBI regarding rapid DNA analysis implementation and best practices.

 

(f) Requires DPS, not later than January 1, 2028, to review the pilot program established under this section and submit a written report to the legislature on the pilot program and any recommendations regarding the continuation or expansion of the program.

 

(g) Authorizes DPS to solicit and accept gifts, grants, and donations from any public or private source to fund the pilot program.

 

(h) Authorizes DPS to adopt rules as necessary to implement this section.

 

(i) Provides that this section expires September 1, 2028.

 

SECTION 7. Amends Sections 411.147(b) and (e), Government Code, as follows:

 

(b) Authorizes the director to adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory or authorized law enforcement agency.

 

(e) Authorizes a criminal justice agency to have access to a DNA sample for a law enforcement purpose through certain entities, including an authorized law enforcement agency. Makes nonsubstantive changes.

 

SECTION 8. Amends Section 411.1471(d), Government Code, to authorize a law enforcement agency to take certain actions, including sending to the director a rapid DNA analysis of the sample if the director has authorized the agency to perform the analysis, and to make nonsubstantive changes.

 

SECTION 9. Amends Section 411.1473(c), Government Code, to authorize a law enforcement agency taking a specimen under Section 411.1473 (DNA Records of Certain Registered Sex Offenders and Terrorist Offenders) to take certain actions, including sending to the director a rapid DNA analysis of the specimen if the director has authorized the agency to perform the analysis, and to make nonsubstantive changes.

 

SECTION 10. Effective date: upon passage or September 1, 2025.