H.B. No. 4628         AN ACT   relating to the duties of law enforcement agencies, crime   laboratories, and the Department of Public Safety following the   performance of certain DNA profile comparisons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 420.043, Government Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  An accredited crime laboratory that submits a DNA   profile to the department to perform the comparison required under   Subsection (a) shall monitor the accredited crime laboratory's   database for any matches between the DNA profile submitted to the   department and the DNA profiles contained in the databases   described by Subsections (a)(1) and (2). For purposes of Section   420.0431, the date on which a match is displayed in an accredited   crime laboratory's database is considered written notification of a   match.           SECTION 2.  Subchapter B-1, Chapter 420, Government Code, is   amended by adding Sections 420.0431 and 420.0432 to read as   follows:          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.          Sec. 420.0432.  SURVIVOR NOTIFICATION CONCERNING DATABASE   DNA MATCH.  (a) If, with respect to a sexual assault or other sex   offense, a match 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, the law enforcement agency with   jurisdiction over the offense shall, not later than the fifth   business day after the law enforcement agency receives notification   of the match, notify the survivor, as applicable, of:                (1)  the match, if disclosing the match would not   interfere with the investigation or prosecution of the offense; or                (2)  the estimated date on which the match is expected   to be disclosed, if disclosing the match would interfere with the   investigation or prosecution of the offense.          (b)  If a law enforcement agency is unable to notify a   survivor under Subsection (a) within the period required by that   subsection, the agency shall continue to make reasonable efforts to   notify the survivor.          SECTION 3.  Section 420.043, Government Code, as amended by   this Act, and Sections 420.0431 and 420.0432, Government Code, as   added by this Act, apply only to the comparison of DNA profiles that   is performed on or after the effective date of this Act. A   comparison of DNA profiles performed before the effective date of   this Act is governed by the law in effect on the date the comparison   was performed, and the former law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4628 was passed by the House on May   10, 2023, by the following vote:  Yeas 146, Nays 0, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 4628 on May 25, 2023, by the following vote:  Yeas 139, Nays 0,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 4628 was passed by the Senate, with   amendments, on May 22, 2023, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor