Sec. 411.143. PURPOSES. (a) The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency in the investigation or prosecution of sex-related offenses or other offenses in which biological evidence is recovered.
(b) In criminal cases, the purposes of the DNA database are only for use in the investigation of an offense, the exclusion or identification of suspects or offenders, and the prosecution or defense of the case.
(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 database or DNA laboratory quality control.
(d) The information contained in the DNA database may not be collected, analyzed, or stored to obtain information about human physical traits or predisposition for disease unless the purpose for obtaining the information is related to a purpose described by this section.
(e) The director may not store a name or other personal identifying information in the CODIS database. 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 not include criminal history record information.
(g) A party contracting to carry out a function of another entity under this subchapter shall comply with:
(1) a requirement imposed by this subchapter on the other entity, unless the party or other entity is exempted by the director; and
(2) any additional requirement imposed by the director on the party.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 6, eff. September 1, 2005.
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