BILL ANALYSIS

 

 

 

S.B. 2460

By: Creighton

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current state law, only accredited laboratories can conduct forensic DNA testing for purposes of inclusion in the DNA database system maintained by the Department of Public Safety (DPS). The bill sponsor has informed the committee that, while this restriction was appropriate before the advent of rapid DNA analysis technology, these advancements currently allow law enforcement agencies to generate valid DNA profiles within 90 to 120 minutes outside of traditional laboratory settings. The bill sponsor has also informed the committee that rapid DNA analysis technology can be deployed in booking stations or processing centers to quickly identify suspects, reduce crime lab backlogs, and enhance investigative efficiency. S.B. 2460 seeks to modernize DPS's database system by authorizing law enforcement agencies to perform rapid DNA analysis for purposes of the database.

 

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 this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

Authorization for Rapid DNA Analysis

 

S.B. 2460 amends the Government Code to authorize a law enforcement agency, subject to the other requirements prescribed by the applicable provisions, and the rules adopted under such provisions, governing the DNA database system established and maintained by the public safety director of the Department of Public Safety (DPS) that serves as the central depository in Texas for DNA records, to perform a rapid DNA analysis under the applicable provisions if:

·       the agency requests the public safety director's approval to use a system capable of performing a rapid DNA analysis; and

·       the public safety director authorizes the agency to use that system to perform rapid DNA analyses.

 

Standards for DNA Analysis

 

S.B. 2460 expands the requirement for the public safety director to establish standards by a DNA laboratory that meet or exceed the current standards for quality assurance and proficiency testing for forensic DNA analysis issued by the FBI by including an additional requirement to establish standards for rapid DNA analysis by an authorized law enforcement agency that meet or exceed those current standards issued by the FBI.

 

Purposes of the Database

 

S.B. 2460 revises the list of statutorily prescribed purposes of DPS's DNA database by replacing the purpose of retesting to validate or update the original DNA analysis or assisting in database or DNA laboratory quality control with a purpose of retesting to validate or update the original DNA analysis or assisting in quality control with respect to the database or with respect to the laboratories or agencies performing forensic DNA analyses. The bill replaces a prohibition against the public safety director storing a name or other personal identifying information in the FBI CODIS database with an authorization for the public safety director to do so conditioned on the storage being approved by the FBI. The bill replaces the express prohibition against including criminal history record information in DPS's DNA database with a provision that restricts the inclusion of such information in DPS's DNA database to criminal history record information approved by the FBI.

 

Regulation of DNA Laboratories

 

S.B. 2460 revises the requirement for the public safety director by rule to establish procedures for a DNA laboratory or criminal justice agency in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis in a manner that permits the exchange of DNA evidence between DNA laboratories and the use of the evidence in a criminal case as follows:

·       specifies that a criminal justice agency includes an authorized law enforcement agency;

·       specifies that forensic DNA analysis includes rapid DNA analysis; and

·       includes criminal justice agencies among the entities between which the exchange of DNA evidence must be permitted by the procedures established by the public safety director.

The bill revises the requirement for a DNA laboratory or criminal justice agency to follow the procedures established by the public safety director under provisions relating to the regulation of DNA laboratories and related penalties and specified by the FBI by specifying that a criminal justice agency includes an authorized law enforcement agency. In addition, the bill does the following:

·       expands the authorization for the public safety director at any reasonable time to enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of any applicable DNA laboratory by authorizing the public safety director to do so with respect to any authorized law enforcement agency;

·       makes the requirement for a DNA laboratory conducting a DNA analysis to forward the DNA record of the analysis to the public safety director at DPS's crime laboratory or another location as required by the public safety director and to comply with provisions relating to DPS's DNA database system and rules adopted under those provisions applicable also with respect to an authorized law enforcement agency performing a rapid DNA analysis under the bill's provisions;

·       revises the provision establishing that the public safety director is the Texas liaison for DNA data, records, evidence, and other related matters between the FBI and a DNA laboratory or criminal justice agency by specifying that a criminal justice agency includes an authorized law enforcement agency; and

·       authorizes the public safety director to authorize a law enforcement agency to perform rapid DNA analyses under the bill's provisions on the agency's request.

 

DNA Samples

 

S.B. 2460 makes applicable to rapid DNA analysis the following provisions that apply with respect to a criminal justice agency permitted or required to collect a DNA sample for forensic DNA analysis under provisions relating to DPS's DNA database system:

·       the provision authorizing an applicable agency to collect the sample or contract with certain entities for services to collect the sample at the time determined by the agency; and

·       the provision requiring an applicable agency to do the following:

o   preserve each sample collected until it is forwarded to the public safety director under applicable state law; and

o   maintain a record of the collection of the sample.

The bill makes the provision limiting the authority of a DNA laboratory to analyze a DNA sample to the following applicable also with respect to an authorized law enforcement agency:

·       typing the genetic markers contained in the sample;

·       for criminal justice or law enforcement purposes; or

·       for other purposes described by provisions relating to DPS's DNA database system.

 

Access to DNA Database Information

 

S.B. 2460 makes the authorization for the public safety director to adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory applicable also with respect to a sample or DNA record in an authorized law enforcement agency. The bill authorizes a criminal justice agency to have access to a DNA sample for a law enforcement purpose through an authorized law enforcement agency.

 

DNA Records of Persons Arrested for or Convicted of Certain Offenses 

 

S.B. 2460 gives a law enforcement agency taking a DNA specimen under provisions relating to DNA records of persons arrested for or convicted of certain offenses the option of sending to the public safety director a rapid DNA analysis of the sample if the public safety director has authorized the agency to perform the analysis as an alternative to either sending the specimen to the public safety director or sending to the public safety director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director.

 

DNA Records of Certain Registered Sex Offenders and Terrorist Offenders

 

S.B. 2460 gives a law enforcement agency taking a DNA specimen under statutory provisions relating to DNA records of certain registered sex offenders and terrorist offenders the option of sending to the public safety director a rapid DNA analysis of the specimen if the public safety director has authorized the agency to perform the analysis as an alternative to either sending the specimen to the public safety director or sending to the public safety director an analysis of the specimen performed by a laboratory chosen by the agency and approved by the public safety director.

 

Definitions

 

S.B. 2460 revises definitions applicable to provisions relating to DPS's DNA database system as follows:

·       defines the following terms:

o   "authorized law enforcement agency" as a law enforcement agency that is authorized by the public safety director to perform rapid DNA analyses under the bill's provisions;

o   "law enforcement agency" as a state agency or an agency of a political subdivision of the state that is authorized by law to employ peace officers; and

o   "rapid DNA analysis" as the fully automated processing of a known reference or forensic sample to provide a DNA record that is eligible for comparison in the FBI's Combined DNA Index System (CODIS) database in not more than 24 hours; and

·       revises the definition of "DNA record" to include the results of a rapid DNA analysis performed by an authorized law enforcement agency under the applicable state law as amended by the bill.

 

EFFECTIVE DATE

 

September 1, 2025.