H.B. No. 2932
 
 
 
 
AN ACT
  relating to including in the law enforcement information system
  information indicating that criminal defendants have committed
  certain additional offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Chapter 411, Government Code, is amended by
  adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1.  CENTRAL INDEX OF CERTAIN ADDITIONAL OFFENSES
  SUSPECTED TO HAVE BEEN COMMITTED BY CRIMINAL DEFENDANTS
         Sec. 411.0601.  DEFINITION.  In this subchapter, "criminal
  justice agency" has the meaning assigned by Article 60.01, Code of
  Criminal Procedure.
         Sec. 411.0602.  ESTABLISHMENT OF CENTRAL INDEX; ENTRY OF
  INFORMATION.  (a)  In the law enforcement information system
  maintained by the department, the bureau of identification and
  records shall establish and maintain a central index to collect and
  disseminate information regarding additional offenses that
  forensic DNA test results indicate may have been committed by a
  defendant who has been arrested for or charged with any felony or
  misdemeanor offense, other than a misdemeanor offense punishable by
  fine only.
         (b)  Information relating to a defendant described by
  Subsection (a) may be entered in the central index only if the
  information is based on forensic DNA test results indicating that
  the DNA profile of the defendant cannot be excluded as a donor to
  the DNA profile of a person suspected to have committed an offense,
  regardless of whether the defendant has been or will be arrested for
  or charged with that offense.  The information must be:
               (1)  submitted in the form of an affidavit signed by a
  representative of an investigating criminal justice agency and
  approved by a district judge; and
               (2)  accompanied by a set of the defendant's
  fingerprints.
         Sec. 411.0603.  CONFIDENTIALITY AND DISSEMINATION OF
  INFORMATION IN CENTRAL INDEX.  (a)  Information maintained by the
  department in the central index established under this subchapter
  is confidential. The department may not disseminate the
  information except as otherwise provided by this section.
         (b)  On proper inquiry, the department shall disseminate to a
  criminal justice agency the information collected under Section
  411.0602. The criminal justice agency may disseminate the
  information to any other criminal justice agency if the
  dissemination of that information is for a criminal justice
  purpose.
         (c)  A criminal justice agency or an employee of a criminal
  justice agency is not liable for an act or omission relating to the
  collection, use, or dissemination of information collected under
  Section 411.0602 if that collection, use, or dissemination is
  performed in accordance with rules adopted by the director.
         Sec. 411.0604.  RULES.  The director shall adopt rules to
  implement and enforce this subchapter.
         Sec. 411.0605.  RIGHT TO REQUEST NOTICE OF ENTRY IN CENTRAL
  INDEX. (a) A defendant described by Section 411.0602(a) may submit
  to the bureau of identification and records a request to determine
  whether the bureau has entered information relating to the
  defendant in the central index established under Section 411.0602.
  The bureau shall respond to the request not later than the 10th
  business day after the date the bureau receives the request.
         (b)  Before responding to a request under Subsection (a), the
  bureau may require reasonable written verification of the identity
  of the defendant submitting the request, including written
  verification of an address, date of birth, driver's license number,
  state identification card number, or social security number.
         Sec. 411.0606.  RIGHT TO REQUEST REVIEW OF ENTRY IN CENTRAL
  INDEX.  (a)  On receipt by the bureau of identification and records
  of a written request that is submitted by a defendant described by
  Section 411.0602(a), that is accompanied by a set of the
  defendant's fingerprints, and that alleges that the bureau may have
  entered inaccurate information relating to the defendant in the
  central index established under Section 411.0602, the head of the
  bureau or that person's designee and the head of the department's
  crime laboratory in Austin each shall review the information to
  determine whether there is a high likelihood that the information
  is accurate.
         (b)  If after review the head of the bureau or that person's
  designee or the head of the department's crime laboratory in Austin
  determines there is not a high likelihood that the information
  relating to the defendant is accurate, the bureau shall:
               (1)  promptly remove that information from the central
  index; and
               (2)  notify other appropriate divisions of the
  department, the investigating criminal justice agency, and the
  defendant of the bureau's determination and the removal of the
  information.
         (c)  If after review the head of the bureau or that person's
  designee and the head of the department's crime laboratory in
  Austin jointly determine there is a high likelihood that the
  information relating to the defendant is accurate, the bureau shall
  notify the defendant of that determination.
         SECTION 2.  (a)  Not later than December 1, 2009, the public
  safety director of the Department of Public Safety of the State of
  Texas shall adopt the rules required by Section 411.0604,
  Government Code, as added by this Act.
         (b)  The change in law made by this Act in adding Subchapter
  D-1, Chapter 411, Government Code, applies to the inclusion of
  forensic DNA test results in the central index required to be
  established under that subchapter, regardless of whether the test
  results were obtained before, on, or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2932 was passed by the House on April
  28, 2009, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2932 on May 29, 2009, by the following vote:  Yeas 141, Nays 1,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2932 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor