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S.B. No. 651
AN ACT
relating to the University of North Texas Health Science Center at
Fort Worth missing persons DNA database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 63.001 through 63.022, Code of Criminal
Procedure, are designated as Subchapter A, Chapter 63, Code of
Criminal Procedure, and a subchapter heading is added to read as
follows:
SUBCHAPTER A. GENERAL PROVISIONS
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