Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The director by rule shall establish procedures:
(1) to prevent unauthorized access to the DNA database; and
(2) to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subchapter.
(b) The director may adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory.
(c) The director may release a DNA sample, analysis, or record only:
(1) to a criminal justice agency for criminal justice or law enforcement identification purposes;
(2) for a judicial proceeding, if otherwise admissible under law;
(3) for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 17.47, Code of Criminal Procedure, or other court order; or
(4) for another purpose:
(A) described in Section 411.143; or
(B) required under federal law as a condition for obtaining federal funding.
(d) The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person.
(e) A criminal justice agency may have access to a DNA sample for a law enforcement purpose through:
(1) the agency's laboratory; or
(2) a laboratory used by the agency.
(f) The director shall maintain a record of requests made under this section.
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. 10, eff. September 1, 2005.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter G. DNA Database System
Section 411.144. Regulation of DNA Laboratories; Penalties
Section 411.147. Access to DNA Database Information
Section 411.1471. DNA Records of Persons Arrested for or Convicted of Certain Offenses
Section 411.1473. DNA Records of Certain Registered Sex Offenders
Section 411.148. Mandatory DNA Record
Section 411.149. Voluntary DNA Record
Section 411.151. Expunction or Removal of DNA Records