HBA-NRS C.S.S.B. 1304 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1304 By: Harris Public Safety 5/3/2001 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.S.B. 1304 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.S.B. 1304 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.S.B. 1304 modifies the original bill to conform to Texas Legislative Council style. 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. 105.113). 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. 105.115). 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 requires the center to begin case analysis in 2004, rather than 2001 (Sec. 105.127). The substitute removes the severability clause contained in the original bill. The substitute changes the effective date from on passage or September 1, 2001, to September 1, 2002 (SECTION 2).