SB1723 - Relating to rapid DNA analysis by certain law enforcement agencies, the establishment of a related pilot program, and the content of certain DNA databases.

      S.B. No. 1723         AN ACT   relating to rapid DNA analysis by certain law enforcement agencies,   the establishment of a related pilot program, 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.  Subchapter G, Chapter 411, Government Code, is   amended by adding Section 411.1465 to read as follows:           Sec.   411.1465.     RAPID DNA ANALYSIS PILOT PROGRAM. (a) In   this section, "rapid DNA analysis" means the fully automated   processing of a reference buccal swab sample to provide a DNA record   that is eligible for comparison in the CODIS database in not more   than 2 hours without submitting the sample to a crime laboratory.           (b)     The department shall establish a pilot program to   optimize the process of reporting DNA records and decrease the   number of arrests for which a DNA sample is not collected and   analyzed by assisting law enforcement agencies in implementing   rapid DNA analysis of DNA samples collected under Section   411.1471(b).           (c)     Not later than September 1, 2025, the department shall   begin updating information technology systems as necessary to   support the pilot program.           (d)     Not later than September 1, 2026, the department shall   begin implementing the pilot program in two counties as determined   by the department.   The department may expand the pilot program to   additional counties.           (e)     The department and each law enforcement agency   participating in the pilo [Text truncated for display. 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