88R10499 MEW-D     By: Goldman H.B. No. 4628       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 Section 420.0431 to read as follows:          Sec. 420.0431.  DUTIES FOLLOWING DATABASE DNA MATCH. (a) If   a match 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 30th day after a match 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, 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 but does not identify a suspect or   offender; 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 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.           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.