Relating to rapid DNA analysis performed by certain law enforcement agencies and the content of certain DNA databases.

89(R) SB 2460 - House Committee Report version - Bill Text

By: Creighton

S.B. No. 2460

(Plesa)

A BILL TO BE ENTITLED

AN ACT

relating to rapid DNA analysis performed by certain law enforcement

agencies and the content of certain DNA databases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.141, Government Code, is amended by

amending Subdivisions (1) and (7) and adding Subdivisions (1-a),

(11-a), and (13) to read as follows:

(1)
"Authorized law enforcement agency" means a law

enforcement agency that is authorized by the director to perform

rapid DNA analyses under Section 411.146(c-1).

(1-a)
"CODIS" means the FBI's Combined DNA Index

System. The term includes the national DNA index system sponsored

by the FBI.

(7) "DNA record" means the results of a forensic DNA

analysis performed by a DNA laboratory
or the results of a rapid DNA

analysis performed by an authorized law enforcement agency under

this subchapter
. The term includes a DNA profile and related

records, which may include a code or other identifying number

referenced to a separate database to locate:

(A) the originating entity; and

(B) if known, the name and other personally

identifying information concerning the individual who is the

subject of the analysis.

(11-a)

"Law enforcement agency" means an agency of the

state or an agency of a political subdivision of the state that is

authorized by law to employ peace officers.

(13)

"Rapid DNA analysis" means the fully automated

processing of a known reference or forensic sample to provide a DNA

record that is eligible for comparison in the CODIS database in not

more than 24 hours.

SECTION 2. Section 411.142(h), Government Code, is amended

to read as follows:

(h) The director shall establish standards for DNA analysis

by
a
[
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. The DNA database may

contain only DNA records of DNA analyses performed according to the

standards adopted by the director.

SECTION 3. Sections 411.143(c), (e), and (f), Government

Code, are amended to read as follows:

(c) Other purposes of the database include:

(1) assisting in the recovery or identification of

human remains from a disaster or for humanitarian purposes;

(2) assisting in the identification of living or

deceased missing persons;

(3) if personal identifying information is removed:

(A) establishing a population statistics

database; and

(B) assisting in identification research,

forensic validation studies, or forensic protocol development; and

(4) 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
[
or DNA laboratory quality control
].

(e) The director may not store a name or other personal

identifying information in the CODIS database
unless approved by

the FBI
. A file or reference number to another information system

may be included in the CODIS database only if the director

determines the information is necessary to:

(1) generate an investigative lead or exclusion;

(2) support the statistical interpretation of a test

result; or

(3) allow for the successful implementation of the DNA

database.

(f) Except as provided by this subchapter, the DNA database

may
only
[
not
] include criminal history record information
approved

by the FBI
.

SECTION 4. Section 411.144, Government Code, is amended to

read as follows:

Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.

(a) The director by rule shall 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) A DNA laboratory or criminal justice agency
, including

an authorized law enforcement agency,
shall follow the procedures:

(1) established by the director under this section;

and

(2) specified by the FBI, including use of comparable

test procedures, laboratory equipment, supplies, and computer

software.

(c) The director may at any reasonable time enter and

inspect the premises or audit the records, reports, procedures, or

other quality assurance matters of
:

(1)
any DNA laboratory that:

(A)
[
(1)
] provides DNA records to the director

under this subchapter; or

(B)
[
(2)
] conducts forensic analysis
; and

(2) any authorized law enforcement agency
.

(d) 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
shall:

(1) forward the DNA record of the analysis to the

director at the department's crime laboratory or another location

as required by the director; and

(2) comply with this subchapter and rules adopted

under this subchapter.

(e) The director is the Texas liaison for DNA data, records,

evidence, and other related matters between:

(1) the FBI; and

(2) a DNA laboratory or a criminal justice agency
,

including an authorized law enforcement agency
.

(f) The director may:

(1) conduct DNA analyses; [
or
]

(2) contract with a laboratory, state agency, private

entity, or institution of higher education for services to perform

DNA analyses for the director
; or

(3)

authorize a law enforcement agency to perform

rapid DNA analyses under Section 411.146(c-1)
.

SECTION 5. Section 411.146, Government Code, is amended by

amending Subsections (c) and (e) and adding Subsection (c-1) to

read as follows:

(c)(1) The director shall adopt rules regarding the

collection, preservation, shipment, and analysis of a DNA database

sample under this subchapter, including the type of sample or

specimen taken.

(2) A criminal justice agency permitted or required to

collect a DNA sample for forensic DNA analysis
, including rapid DNA

analysis,
under this subchapter:

(A) may collect the sample or contract with a

phlebotomist, laboratory, state agency, private entity, or

institution of higher education for services to collect the sample

at the time determined by the agency; and

(B) shall:

(i) preserve each sample collected until it

is forwarded to the director under Subsection (d); and

(ii) maintain a record of the collection of

the sample.

(c-1)

Subject to the other requirements prescribed by this

subchapter and rules adopted under this subchapter, a law

enforcement agency may 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) A DNA laboratory
or an authorized law enforcement agency

may analyze a DNA sample collected under this section only:

(1) to type the genetic markers contained in the

sample;

(2) for criminal justice or law enforcement purposes;

or

(3) for other purposes described by this subchapter.

SECTION 6. Sections 411.147(b) and (e), Government Code,

are amended to read as follows:

(b) The director may 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) A criminal justice agency may have access to a DNA

sample for a law enforcement purpose through:

(1) the agency's laboratory; [
or
]

(2) a laboratory used by the agency
; or

(3) an authorized law enforcement agency
.

SECTION 7. Section 411.1471(d), Government Code, is amended

to read as follows:

(d) The director by rule shall require law enforcement

agencies taking a specimen under this section to preserve the

specimen and maintain a record of the collection of the

specimen. A law enforcement agency taking a specimen under this

section may use any method to take the specimen approved by the

director in the rule adopted under this subsection. The rule

adopted by the director must prohibit a law enforcement agency from

taking a blood sample for the purpose of creating a DNA record under

this section. The agency may
:

(1)
[
either
] send the specimen to the director
;

(2)
[
or
] send to the director an analysis of the sample

performed at a laboratory chosen by the agency and approved by the

director
; or

(3)

send to the director a rapid DNA analysis of the

sample if the director has authorized the agency to perform the

analysis
.

SECTION 8. Section 411.1473(c), Government Code, is amended

to read as follows:

(c) A law enforcement agency taking a specimen under this

section may
:

(1)
[
either
] send the specimen to the director
;

(2)
[
or
] send to the director an analysis of the

specimen performed by a laboratory chosen by the agency and

approved by the director
; or

(3)

send to the director a rapid DNA analysis of the

specimen if the director has authorized the agency to perform the

analysis
.

SECTION 9. This Act takes effect September 1, 2025.