A law enforcement agency must provide requested information about a DNA match, acknowledge certain notifications, and try to collect and submit a DNA sample within set business-day deadlines.
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. Added by Acts 2023, 88th Leg., R.S., Ch. 884 (H.B. 4628), Sec. 2, eff. September 1, 2023.