HBA-NRS C.S.H.B. 3041 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3041
By: Geren
Public Safety
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Forensic DNA analysis technology is a valuable tool to help law enforcement
agencies in criminal cases involving missing persons and children.
Currently, no facility in Texas provides both forensic DNA analysis and an
established DNA database for the sole purpose of assisting law enforcement
agencies and other individuals in criminal cases involving unidentified
human remains or a high-risk missing person. C.S.H.B. 3041 establishes a
DNA database at the University of North Texas Health Science Center at Fort
Worth for all cases involving the report of unidentified human remains or a
high-risk missing person, and requires case analysis to be provided at the
center. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the board of regents of the University
of North Texas System in SECTION 1 (Section 105.115, Education Code) of
this bill. 

ANALYSIS

C.S.H.B. 3041 amends the Education Code to require the board of regents of
the University of North Texas System (board) to develop at the University
of North Texas Health Science Center at Fort Worth (center) a DNA database
for any case based on the report of unidentified human remains or a
high-risk missing person (DNA database) (Sec. 105.112). 

The bill requires the center to compare DNA samples taken from unidentified
human remains with DNA samples taken from personal articles belonging to
high-risk missing persons or other appropriate persons (Sec. 105.114). The
bill requires the board by rule, in consultation with the center, to
develop standards and guidelines for the collection and storage of DNA
samples submitted to the center (Sec. 105.115). The bill requires an entity
charged under state law with the responsibility of collecting  DNA samples
from unidentified human remains to submit those samples to the center for
forensic DNA analysis and inclusion of the results in the DNA database.
After the forensic DNA analysis, the bill requires the remaining sample to
be returned to the entity submitting the sample (Sec. 105.116).  

Not later than the 30th day after a report has been filed of a high-risk
missing person, the bill requires the law enforcement agency to inform the
parents or other appropriate person that the person may provide a DNA
sample for forensic DNA analysis or a personal article belonging to the
high-risk missing person (Sec. 105.117). As soon as practicable after a DNA
sample is obtained, the bill requires the law enforcement agency to submit
the DNA sample, a copy of the missing person's report, and any supplemental
information to the center (Sec. 105.120). The bill requires all DNA samples
extracted from a living person to be destroyed after a positive
identification is made and a report is issued (Sec. 105.121). The bill sets
forth provisions regarding the confidentiality of the results of a forensic
DNA analysis  (Sec. 105.122). The bill provides that a person who collects,
processes, or stores DNA samples from a living person for forensic DNA
analysis at the center commits a Class B misdemeanor and 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 for violating
confidentiality or for failing to destroy DNA samples (Secs. 105.123 and
105.124). 

The bill authorizes the legislature to appropriate money in the
compensation to victims of crime fund and its auxiliary fund to fund the
center (Sec. 105.125). If federal funding is made available, the bill
requires federal funding to be used to assist in reducing the backlog of
high-risk missing person cases and unidentified human remains. The bill
requires the center to create an advisory committee to impose priorities
regarding the identification of the backlog of high-risk missing person
cases and unidentified human remains (Sec. 105.126). The bill requires the
center to begin case analysis in 2004. The bill requires the center to
retain the authority to establish priorities regarding case analysis,
giving priority to those cases involving children (Sec. 105.127). 

EFFECTIVE DATE

September 1, 2002.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3041 modifies the original bill to conform to Texas Legislative
Council style and format. The substitute provides that the results of the
forensic DNA analysis must be made available for inclusion in the CODIS DNA
database of the Federal Bureau of Investigation (Sec. 103.113). The
substitute requires the board of regents of the University of North Texas
System by rule to develop standards and guidelines for the collection of
DNA samples (Sec. 103.115).  

The substitute no longer requires a law enforcement agency to submit the
collected DNA samples to the University of North Texas Health Science
Center at Forth Worth (center) after 30 days has elapsed since the report
of the high-risk missing person was filed. The substitute requires the
sample to be submitted as soon as practicable after the DNA sample is
obtained (Sec. 105.120). The substitute authorizes the center to outsource
the reduction of the backlog of high-risk missing persons cases to other
appropriate laboratories (Sec. 105.126). The substitute requires the center
to begin case analysis in 2004, rather than 2003 (Sec. 105.127). The
substitute removes the severability clause contained in the original bill.
The substitute changes the effective date from September 1, 2001, to
September 1, 2002 (SECTION 2).