By: Goldman (Senate Sponsor - Huffman) H.B. No. 4628          (In the Senate - Received from the House May 11, 2023;   May 12, 2023, read first time and referred to Committee on Criminal   Justice; May 19, 2023, reported favorably by the following vote:     Yeas 7, Nays 0; May 19, 2023, sent to printer.)Click here to see the committee vote         COMMITTEE VOTE              YeaNayAbsentPNV          WhitmireX          FloresX          BettencourtX          HinojosaX          HuffmanX          KingX          MilesX     A BILL TO BE ENTITLED   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)  Not later than the seventh day after the date the   department performs a comparison of DNA profiles required under   Subsection (a), the department shall notify the accredited crime   laboratory that analyzed the evidence collection kit containing   biological evidence whether the comparison of the DNA profile   obtained from the biological evidence to DNA profiles contained in   the databases described by Subsections (a)(1) and (2) resulted in   any matches.           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 402.043 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 402.043 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 Section 420.0431, 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.     * * * * *