SECTION 2. Subchapter
I, Chapter 105, Education Code, is transferred to Chapter
63, Code of Criminal Procedure, redesignated as Subchapter
B, Chapter 63, Code of Criminal Procedure, and amended
to read as follows:
SUBCHAPTER
B I. UNIVERSITY OF NORTH
TEXAS HEALTH SCIENCE CENTER AT FORT WORTH MISSING PERSONS
DNA DATABASE
Art. 63.051 Sec.
105.451. DEFINITIONS. In this subchapter:
(1) "Board" means the
board of regents of the University of North Texas System.
(2) "Center" means
the University of North Texas Health Science Center
at Fort Worth.
(3) "DNA" means deoxyribonucleic
acid.
(4) "DNA database"
means the database containing forensic DNA analysis
results, including any known name of the person who
is the subject of the forensic DNA analysis, that is
maintained by the center.
(5) "High-risk missing
person" means:
(A) a person missing
as a result of an abduction by a stranger;
(B) a person missing
under suspicious or unknown circumstances; or
(C) a person who has
been missing more than 30 days, or less than 30 days
at the discretion of the investigating agency, if there
is reason to believe that the person is in danger or
deceased.
(6) "Law enforcement
agency" means the law enforcement agency primarily
responsible for investigating a report of a high-risk
missing person.
Art. 63.052 Sec.
105.452. ESTABLISHMENT OF DNA DATABASE FOR
MISSING OR UNIDENTIFIED PERSONS. (a) The board shall
develop at the University of North Texas Health Science
Center at Fort Worth a DNA database for any case based
on the report of unidentified human remains or a report
of a high-risk missing person.
(b) The sole purpose
of the database is to identify unidentified human remains
and high-risk missing persons.
(c) The database is
separate from the database established by the Department
of Public Safety under Subchapter G, Chapter 411, Government
Code.
Art. 63.053 Sec.
105.453. INFORMATION STORED IN DATABASE.
(a) The database required in Article 63.052
Section 105.452 may contain only
DNA genetic markers that are commonly recognized as
appropriate for human identification. Except to the
extent that those markers are appropriate for human
identification, the database may not contain DNA genetic
markers that predict biological function. The center
shall select the DNA genetic markers for inclusion
in the DNA database based on existing technology for
forensic DNA analysis.
(b) The results of
the forensic DNA analysis must be compatible with the
CODIS DNA database established by the Federal Bureau
of Investigation and the center must make the results
available for inclusion in that database.
Art. 63.054 Sec.
105.454. COMPARISON OF SAMPLES. The center
shall compare DNA samples taken from unidentified human
remains with DNA samples taken from personal articles
belonging to high-risk missing persons or from parents
of high-risk missing persons or other appropriate persons.
Art. 63.055 Sec.
105.455. STANDARDS COLLECTION; STORAGE.
In consultation with the center, the board by rule
shall develop standards and guidelines for the collection
of DNA samples submitted to the center and the center's
storage of DNA samples.
Art. 63.056 Sec.
105.456. COLLECTION OF SAMPLES FROM UNIDENTIFIED
HUMAN REMAINS. (a) A physician acting on the
request of a justice of the peace under Subchapter
A, Chapter 49, a county coroner, a county medical examiner,
or other law enforcement entity, as appropriate, shall
collect An entity charged under other
state law with the responsibility of collecting DNA
samples from unidentified human remains. The justice
of the peace, coroner, medical examiner, or other law
enforcement entity shall submit those samples to
the center for forensic DNA analysis and inclusion
of the results in the DNA database.
(b) After the center
has performed the forensic DNA analysis, the center
shall return the remaining sample to the entity that
submitted the sample under Subsection (a) submitting
the sample to the center.
Art. 63.057 Sec.
105.457. DUTY OF LAW ENFORCEMENT AGENCY
TO NOTIFY APPROPRIATE PERSONS REGARDING PROVISION OF
VOLUNTARY SAMPLE. Not later than the 30th day after
the date a report of a high-risk missing person is
filed, the law enforcement agency shall inform a parent
or any other person considered appropriate by the agency
that the person may provide:
(1) a DNA sample for
forensic DNA analysis; or
(2) for purposes of
DNA sampling, a personal article belonging to the high-risk
missing person.
Art. 63.058 Sec.
105.458. RELEASE FORM. (a) The center
shall develop a standard release form that authorizes
a parent or other appropriate person to voluntarily
provide under Article 63.057 Section
105.457 a DNA sample or a personal article
for purposes of DNA sampling. The release must explain
that the DNA sample is to be used only to identify
the high-risk missing person.
(b) A law enforcement
agency may not use any form of incentive or coercion
to compel the parent or other appropriate person to
provide a sample or article under this subchapter.
Art. 63.059 Sec.
105.459. PROTOCOL FOR OBTAINING SAMPLES
RELATING TO HIGH-RISK MISSING PERSONS. (a) The law
enforcement agency shall take DNA samples from parents
or other appropriate persons under Article 63.057
Section 105.457 in any manner prescribed
by the center.
(b) The center shall
develop a model kit to be used by a law enforcement
agency to take DNA samples from parents or other appropriate
persons.
Art. 63.060 Sec.
105.460. SUBMISSION OF SAMPLE TO CENTER.
(a) Before submitting to the center a DNA sample
obtained under Article 63.057 Section
105.457, the law enforcement agency shall
reverify the status of a high-risk missing person.
(b) As soon as practicable
after a DNA sample is obtained, the law enforcement
agency shall submit the DNA sample, a copy of the missing
person's report, and any supplemental information to
the center.
Art. 63.061 Sec.
105.461. DESTRUCTION OF SAMPLES. All DNA
samples extracted from a living person shall be destroyed
after a positive identification is made and a report
is issued.
Art. 63.062 Sec.
105.462. CONFIDENTIALITY. (a) Except as
provided by Subsection (b), the results of a forensic
DNA analysis performed by the center are confidential.
(b) The center may
disclose the results of a forensic DNA analysis only
to:
(1) personnel of the
center;
(2) law enforcement
agencies;
(3) justices of
the peace, coroners, medical examiners, or other
law enforcement entities submitting a sample to the
center under Article 63.056;
(4) attorneys representing
the state; and
(5) a parent or other
appropriate person voluntarily providing a DNA sample
or an article under Article 63.057 Section
105.457.
Art. 63.063 Sec.
105.463. CRIMINAL PENALTY. (a) A person
who collects, processes, or stores a DNA sample from
a living person for forensic DNA analysis under this
subchapter commits an offense if the person intentionally
violates Article 63.061 Section 105.461
or 63.062 105.462.
(b) An offense under
this section is a Class B misdemeanor.
Art. 63.064 Sec.
105.464. CIVIL PENALTY. A person who collects,
processes, or stores a DNA sample from a living person
for forensic DNA analysis under this subchapter and
who intentionally violates Article 63.061 Section
105.461 or 63.062 105.462
is liable in civil damages to the donor of the DNA
in the amount of $5,000 for each violation, plus reasonable
attorney's fees and court costs.
Art. 63.065 Sec.
105.465. MISSING PERSONS DNA DATABASE FUND.
(a) The missing persons DNA database fund is a separate
account in the general revenue fund.
(b) Notwithstanding
Article 56.54(g), Code of Criminal Procedure,
the legislature may appropriate money in the compensation
to victims of crime fund and the compensation to victims
of crime auxiliary fund to fund the University of North
Texas Health Science Center at Fort Worth missing persons
DNA database. Legislative appropriations under this
subsection shall be deposited to the credit of the
account created under Subsection (a).
(c) Money in the account
may be used only for purposes of developing and maintaining
the DNA database as described by this section.
(d) The center may
use money in the account only to:
(1) establish and maintain
center infrastructure;
(2) pay the costs of
DNA sample storage, forensic DNA analysis, and labor
costs for cases of high-risk missing persons and unidentified
human remains;
(3) reimburse counties
for the purposes of pathology and exhumation as considered
necessary by the center;
(4) publicize the DNA
database for the purpose of contacting parents and
other appropriate persons so that they may provide
a DNA sample or a personal article for DNA sampling;
(5) educate law enforcement
officers about the DNA database and DNA sampling; and
(6) provide outreach
programs related to the purposes of this chapter.
(e) Section 403.095(b),
Government Code, does not apply to the account established
under Subsection (a).
Art. 63.066 Sec.
105.466. BACKLOG OF UNIDENTIFIED HUMAN REMAINS:
ADVISORY COMMITTEE AND OUTSOURCING. (a) The center
shall create an advisory committee, consisting of medical
examiners, law enforcement officials, and other interested
persons as determined appropriate by the center, to
impose priorities regarding the identification of the
backlog of high-risk missing person cases and unidentified
human remains.
(b) The center shall
use any available federal funding to assist in reducing
the backlog of high-risk missing person cases and unidentified
human remains.
(c) The reduction of
the backlog may be outsourced to other appropriate
laboratories at the center's discretion.
Art. 63.067 Sec.
105.467. INITIAL OPERATIONS. (a) The center
shall use funding for the state fiscal year beginning
on September 1, 2001, to:
(1) develop the DNA
database and center infrastructure; and
(2) establish center
protocols and employ center personnel.
(b) The center shall
begin case analyses in 2002. The center shall retain
the authority to establish priorities regarding case
analysis, giving priority to those cases involving
children.
(c) This article
section expires January 1, 2006.
SECTION 3. This Act
takes effect immediately if it receives a vote of two-thirds
of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If
this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.
______________________________ ______________________________
President of
the Senate Speaker of the House
I hereby certify that
S.B. No. 651 passed the Senate on April 7, 2005, by
the following vote: Yeas 31, Nays 0.
______________________________
Secretary
of the Senate
I hereby certify that
S.B. No. 651 passed the House on May 19, 2005, by the
following vote: Yeas 142, Nays 0, one present not
voting.
______________________________
Chief Clerk
of the House
Approved:
______________________________
Date
______________________________
Governor