HBA-NRS S.B. 1304 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1304 By: Harris Public Safety 4/26/2001 Engrossed BACKGROUND AND PURPOSE 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 DNA analysis and an established DNA database for the sole purpose of assisting law enforcement agencies and other individuals in criminal cases involving an unidentified deceased person or a high-risk missing person. Senate Bill 1304 establishes a DNA database at the University of North Texas Health Science Center at Fort Worth for all cases involving the report of an unidentified deceased person 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 in SECTION 1 (Section 105.114, Education Code) of this bill. ANALYSIS Senate Bill 1304 amends the Education Code to require the board of regents of the University of North Texas (board) to develop at the University of North Texas Health Science Center at Fort Worth (center) a DNA database for all cases involving the report of an unidentified deceased person or a high-risk missing person (DNA database) (Sec. 105.111). The bill requires the center to compare samples taken from the remains of unidentified deceased persons with DNA samples taken from personal articles belonging to high-risk missing persons or from the parents or appropriate relatives of high-risk missing persons (Sec. 105.113). The bill requires the board, in consultation with the center, by rule to develop standards and guidelines for the preservation and storage of DNA samples (Sec. 105.114). The bill requires a medical examiner, coroner, justice of the peace, contract pathologist, or their designees (examiner) to collect samples for DNA testing from the remains of all unidentified persons and to send those samples to the center for DNA testing and inclusion in the DNA database. After a DNA analysis, the bill requires the remaining evidence to be returned to the appropriate examiner (Sec. 105.115). After a report has been made of a person missing under high-risk circumstances, the bill requires the responsible investigating law enforcement agency, within 30 days to inform the parents or other appropriate relatives that they may give a voluntary sample for DNA testing or may collect a DNA sample from a personal article belonging to the missing person (Sec. 105.116). After 30 days have elapsed from the date the report of an unidentified deceased person or a person missing under high risk circumstances was filed, the bill requires the law enforcement agency to send the sample to the center for DNA testing and inclusion in the DNA database (Sec. 105.119). The bill requires all samples and DNA extracted from a living person to be destroyed after a positive identification is made and a report is issued (Sec. 105.120). The bill sets forth confidentiality requirements for DNA samples (Sec. 105.121). The bill provides that a person who collects, processes, or stores DNA or samples from a living person used for DNA testing at the center is guilty of 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 samples of DNA (Sec. 105.122). The center is funded from the compensation to victims of crime fund and its auxiliary fund. If federal funding is made available, the bill requires federal funding to be used to assist in the identification of the backlog of high-risk missing person cases and long-term unidentified remains. The bill requires the center to create an advisory committee to impose priorities regarding the identification of the backlog of unidentified remains. The bill requires the center to begin case analysis using the missing persons DNA database no later than September 1, 2001. The bill requires the center to retain the authority to establish priorities regarding case analysis, giving priority to those cases involving children. The bill requires provisions relating to funding, the creation of an advisory committee, and case analysis to remain in effect until January 1, 2006 (SECTION 2). If any provision of the bill becomes invalid, that invalidity does not affect any other provisions contained within the bill (SECTION 3). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.