Bill Text: TX HB4628 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 4628

Bill Title: Relating to the duties of law enforcement agencies, crime laboratories, and the Department of Public Safety following the performance of certain DNA profile comparisons.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB4628 Detail]

Download: Texas-2023-HB4628-Enrolled.html



	H.B. No. 4628




	AN ACT
	relating to the duties of law enforcement agencies, crime
	laboratories, and the Department of Public Safety following the
	performance of certain DNA profile comparisons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 420.043, Government Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) An accredited crime laboratory that submits a DNA
	profile to the department to perform the comparison required under
	Subsection (a) shall monitor the accredited crime laboratory's
	database for any matches between the DNA profile submitted to the
	department and the DNA profiles contained in the databases
	described by Subsections (a)(1) and (2). For purposes of Section
	420.0431, the date on which a match is displayed in an accredited
	crime laboratory's database is considered written notification of a
	match.
	SECTION 2. Subchapter B-1, Chapter 420, Government Code, is
	amended by adding Sections 420.0431 and 420.0432 to read as
	follows:
	Sec. 420.0431. DUTIES FOLLOWING DATABASE DNA MATCH. (a) If
	a match that may assist in the investigation of a criminal case is
	identified under Section 420.043 between biological evidence
	contained in an evidence collection kit and a DNA profile contained
	in a database described by Subsection (a)(1) or (2) of that section,
	on request of the accredited crime laboratory that performed the
	analysis of the evidence collection kit, a law enforcement agency
	that submitted the evidence collection kit to the crime laboratory
	shall, not later than the fifth business day after the date the
	request is made, provide any additional information requested by
	the crime laboratory concerning the match.
	(b) Not later than the 60th business day after the crime
	laboratory receives written notification that a match that may aid
	in the investigation of a criminal case has been identified under
	Section 420.043 between biological evidence contained in an
	evidence collection kit and a DNA profile contained in a database
	described by Subsection (a)(1) or (2) of that section, written
	notification must be provided to the law enforcement agency that
	submitted the evidence collection kit of:
	(1) any case-to-case match that may assist in the
	investigation of a criminal case; and
	(2) any verified match that identifies a suspect or
	offender.
	(c) Verification of a match identifying an offender under
	Subsection (b)(2) may be expedited in cases involving a significant
	public safety concern.
	(d) Not later than the fifth business day after receiving a
	notification under Subsection (b)(1), the law enforcement agency
	shall acknowledge receipt of the notification.
	(e) Not later than the 30th business day after the date a law
	enforcement agency receives a notification of a verified match
	under Subsection (b)(2), the law enforcement agency shall attempt
	to collect a DNA sample from an identified suspect or offender and
	submit the sample to an accredited crime laboratory for analysis.
	Sec. 420.0432. SURVIVOR NOTIFICATION CONCERNING DATABASE
	DNA MATCH. (a) If, with respect to a sexual assault or other sex
	offense, a match is identified under Section 420.043 between
	biological evidence contained in an evidence collection kit and a
	DNA profile contained in a database described by Subsection (a)(1)
	or (2) of that section, the law enforcement agency with
	jurisdiction over the offense shall, not later than the fifth
	business day after the law enforcement agency receives notification
	of the match, notify the survivor, as applicable, of:
	(1) the match, if disclosing the match would not
	interfere with the investigation or prosecution of the offense; or
	(2) the estimated date on which the match is expected
	to be disclosed, if disclosing the match would interfere with the
	investigation or prosecution of the offense.
	(b) If a law enforcement agency is unable to notify a
	survivor under Subsection (a) within the period required by that
	subsection, the agency shall continue to make reasonable efforts to
	notify the survivor.
	SECTION 3. Section 420.043, Government Code, as amended by
	this Act, and Sections 420.0431 and 420.0432, Government Code, as
	added by this Act, apply only to the comparison of DNA profiles that
	is performed on or after the effective date of this Act. A
	comparison of DNA profiles performed before the effective date of
	this Act is governed by the law in effect on the date the comparison
	was performed, and the former law is continued in effect for that
	purpose.
	SECTION 4. This Act takes effect September 1, 2023.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 4628 was passed by the House on May
	10, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 4628 on May 25, 2023, by the following vote: Yeas 139, Nays 0,
	1 present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 4628 was passed by the Senate, with
	amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
	0.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor