reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.018. Death Certificates

A physician who performs a postmortem examination on the body of an unidentified person shall complete and file a death certificate in accordance with Chapter 193, Health and Safety Code.  The physician shall note on the certificate the name of the law enforcement agency that submitted the body for examination and shall send a copy of the certificate to the clearinghouse not later than the 10th working day after the date the physician files the certificate.
Added by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 62.018 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.019. School Records System

(a)  On enrollment of a child under 11 years of age in a school for the first time at the school, the school shall:
(1) request from the person enrolling the child the name of each previous school attended by the child;
(2) request from each school identified in Subdivision (1), the school records for the child and, if the person enrolling the child provides copies of previous school records, request verification from the school of the child's name, address, birth date, and grades and dates attended;  and
(3) notify the person enrolling the student that not later than the 30th day after enrollment, or the 90th day if the child was not born in the United States, the person must provide:
(A) a certified copy of the child's birth certificate;  or
(B) other reliable proof of the child's identity and age and a signed statement explaining the person's inability to produce a copy of the child's birth certificate.
(b) If a person enrolls a child under 11 years of age in school and does not provide the valid prior school information or documentation required by this section, the school shall notify the appropriate law enforcement agency before the 31st day after the person fails to comply with this section.  On receipt of notification, the law enforcement agency shall immediately check the clearinghouse to determine if the child has been reported missing.  If the child has been reported missing, the law enforcement agency shall immediately notify other appropriate law enforcement agencies that the missing child has been located.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.017 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.020. Duty of Schools and Other Entities to Flag Missing Children's Records

(a)  When a report that a child under 11 years of age is missing is received by a law enforcement agency, the agency shall immediately notify each school and day care facility that the child attended or in which the child was enrolled as well as the bureau of vital statistics, if the child was born in the state, that the child is missing.
(b) On receipt of notice that a child under 11 years of age is missing, the bureau of vital statistics shall notify the appropriate municipal or county birth certificate agency that the child is missing.
(c) A school, day care facility, or birth certificate agency that receives notice concerning a child under this section shall flag the child's records that are maintained by the school, facility, or agency.
(d) The law enforcement agency shall notify the clearinghouse that the notification required under this section has been made.  The clearinghouse shall provide the notice required under this section if the clearinghouse determines that the notification has not been made by the law enforcement agency.
(e) If a missing child under 11 years of age, who was the subject of a missing child report made in this state, was born in or attended a school or licensed day care facility in another state, the law enforcement agency shall notify law enforcement or the missing and exploited children clearinghouse in each appropriate state regarding the missing child and request the law enforcement agency or clearinghouse to contact the state birth certificate agency and each school or licensed day care facility the missing child attended to flag the missing child's records.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.018 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.021. System for Flagging Records

(a)  On receipt of notification by a law enforcement agency or the clearinghouse regarding a missing child under 11 years of age, the school, day care facility, or birth certificate agency shall maintain the child's records in its possession so that on receipt of a request regarding the child, the school, day care facility, or agency will be able to notify law enforcement or the clearinghouse that a request for a flagged record has been made.
(b) When a request concerning a flagged record is made in person, the school, day care facility, or agency may not advise the requesting party that the request concerns a missing child and shall:
(1) require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made and the name, address, and birth date of the child;
(2) obtain a copy of the requesting party's driver's license or other photographic identification, if possible;
(3) if the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail;  and
(4) immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.
(c) After providing the notification required under Subsection (a)(4), the school, day care facility, or agency shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.
(d) When a request concerning a flagged record is made in writing, the school, day care facility, or agency may not advise the party that the request concerns a missing child and shall immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and provide to the law enforcement agency a copy of the written request.  After providing the notification under this subsection, the school, day care facility, or agency shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.019 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter A. General Provisions › Article 63.022. Removal of Flag From Records

(a)  On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school or day care facility that has maintained flagged records for the child and the bureau of vital statistics that the child is no longer missing.  The law enforcement agency shall notify the clearinghouse that notification under this section has been made.  The bureau of vital statistics shall notify the appropriate municipal or county birth certificate agency.  The clearinghouse shall notify the school, day care facility, or bureau of vital statistics that the missing child is no longer missing if the clearinghouse determines that the notification was not provided by the law enforcement agency.
(b) On notification by the law enforcement agency or the clearinghouse that a missing child has been recovered, the school, day care facility, or birth certificate agency that maintained flagged records shall remove the flag from the records.
(c) A school, day care facility, or birth certificate agency that has reason to believe a missing child has been recovered may request confirmation that the missing child has been recovered from the appropriate law enforcement agency or the clearinghouse.  If a response is not received after the 45th day after the date of the request for confirmation, the school, day care facility, or birth certificate agency may remove the flag from the record and shall inform the law enforcement agency or the clearinghouse that the flag has been removed.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Human Resources Code Sec. 79.020 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.051. Definitions

In this subchapter:
(1)  "Board" means the board of regents of the University of North Texas System.
(2)  "Center" means the University of North Texas Health Science Center at Fort Worth.
(3)  "DNA" means deoxyribonucleic acid.
(4)  "DNA database" means the database containing forensic DNA analysis results, including any known name of the person who is the subject of the forensic DNA analysis, that is maintained by the center.
(5)  "High-risk missing person" means:
(A)  a person missing as a result of an abduction by a stranger;
(B)  a person missing under suspicious or unknown circumstances; or
(C)  a person who has been missing more than 30 days, or less than 30 days at the discretion of the investigating agency, if there is reason to believe that the person is in danger or deceased.
(6)  "Law enforcement agency" means the law enforcement agency primarily responsible for investigating a report of a high-risk missing person.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.0515. Criminal Justice Agency

For purposes of this subchapter, the center is a criminal justice agency that performs forensic DNA analyses on evidence, including evidence related to a case involving unidentified human remains or a high-risk missing person.  The center shall comply with 42 U.S.C. Section 14132.
Added by Acts 2011, 82nd Leg., R.S., Ch. 320 (H.B. 2385), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.052. Establishment of DNA Database for Missing or Unidentified Persons

(a)  The board shall develop at the University of North Texas Health Science Center at Fort Worth a DNA database for any case based on the report of unidentified human remains or a report of a high-risk missing person.
(b)  The database may be used to identify unidentified human remains and high-risk missing persons.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 320, Sec. 3, eff. June 17, 2011.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 320 (H.B. 2385), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 320 (H.B. 2385), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.053. Information Stored in Database

(a)  The database required in Article 63.052 may contain only DNA genetic markers that are commonly recognized as appropriate for human identification.  Except to the extent that those markers are appropriate for human identification, the database may not contain DNA genetic markers that predict biological function.  The center shall select the DNA genetic markers for inclusion in the DNA database based on existing technology for forensic DNA analysis.
(b)  The results of the forensic DNA analysis must be compatible with the CODIS DNA database established by the Federal Bureau of Investigation and the center must make the results available for inclusion in that database.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.054. Comparison of Samples

The center shall compare DNA samples taken from unidentified human remains with DNA samples taken from personal articles belonging to high-risk missing persons or from parents of high-risk missing persons or other appropriate persons.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.055. Standards Collection; Storage

In consultation with the center, the board by rule shall develop standards and guidelines for the collection of DNA samples submitted to the center and the center's storage of DNA samples.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.056. Collection of Samples From Unidentified Human Remains

(a)  A physician acting on the request of a justice of the peace under Subchapter A, Chapter 49, a county coroner, a county medical examiner, or other law enforcement entity, as appropriate, shall collect samples from unidentified human remains.  The justice of the peace, coroner, medical examiner, or other law enforcement entity shall submit those samples to the center for forensic DNA analysis and inclusion of the results in the DNA database.
(b)  After the center has performed the forensic DNA analysis, the center shall return the remaining sample to the entity that submitted the sample under Subsection (a).
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.057. Duty of Law Enforcement Agency to Notify Appropriate Persons Regarding Provision of Voluntary Sample

Not later than the 30th day after the date a report of a high-risk missing person is filed, the law enforcement agency shall inform a parent or any other person considered appropriate by the agency that the person may provide:
(1)  a DNA sample for forensic DNA analysis; or
(2)  for purposes of DNA sampling, a personal article belonging to the high-risk missing person.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.058. Release Form

(a)  The center shall develop a standard release form that authorizes a parent or other appropriate person to voluntarily provide under Article 63.057 a DNA sample or a personal article for purposes of DNA sampling.  The release must explain that the DNA sample is to be used only to identify the high-risk missing person.
(b)  A law enforcement agency may not use any form of incentive or coercion to compel the parent or other appropriate person to provide a sample or article under this subchapter.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.059. Protocol for Obtaining Samples Relating to High-Risk Missing Persons

(a)  The law enforcement agency shall take DNA samples from parents or other appropriate persons under Article 63.057 in any manner prescribed by the center.
(b)  The center shall develop a model kit to be used by a law enforcement agency to take DNA samples from parents or other appropriate persons.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.060. Submission of Sample to Center

(a)  Before submitting to the center a DNA sample obtained under Article 63.057, the law enforcement agency shall reverify the status of a high-risk missing person.
(b)  As soon as practicable after a DNA sample is obtained, the law enforcement agency shall submit the DNA sample, a copy of the missing person's report, and any supplemental information to the center.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.061. Destruction of Samples

All DNA samples extracted from a living person shall be destroyed after a positive identification is made and a report is issued.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.062. Confidentiality

(a)  Except as provided by Subsection (b), the results of a forensic DNA analysis performed by the center are confidential.
(b)  The center may disclose the results of a forensic DNA analysis only to:
(1)  personnel of the center;
(2)  law enforcement agencies;
(3)  justices of the peace, coroners, medical examiners, or other law enforcement entities submitting a sample to the center under Article 63.056;
(4)  attorneys representing the state; and
(5)  a parent or other appropriate person voluntarily providing a DNA sample or an article under Article 63.057.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.063. Criminal Penalty

(a)  A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter commits an offense if the person intentionally violates Article 63.061 or 63.062.
(b)  An offense under this section is a Class B misdemeanor.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.064. Civil Penalty

A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter and who intentionally violates Article 63.061 or 63.062 is liable in civil damages to the donor of the DNA in the amount of $5,000 for each violation, plus reasonable attorney's fees and court costs.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.065. Missing Persons DNA Database Fund

(a)  The missing persons DNA database fund is a separate account in the general revenue fund.
(b)  Notwithstanding Article 56B.453(a), the legislature may appropriate money in the compensation to victims of crime fund and the compensation to victims of crime auxiliary fund to fund the University of North Texas Health Science Center at Fort Worth missing persons DNA database.  Legislative appropriations under this subsection shall be deposited to the credit of the account created under Subsection (a).
(c)  Money in the account may be used only for purposes of developing and maintaining the DNA database as described by this section.
(d)  The center may use money in the account only to:
(1)  establish and maintain center infrastructure;
(2)  pay the costs of DNA sample storage, forensic DNA analysis, and labor costs for cases of high-risk missing persons and unidentified human remains;
(3)  reimburse counties for the purposes of pathology and exhumation as considered necessary by the center;
(4)  publicize the DNA database for the purpose of contacting parents and other appropriate persons so that they may provide a DNA sample or a personal article for DNA sampling;
(5)  educate law enforcement officers about the DNA database and DNA sampling; and
(6)  provide outreach programs related to the purposes of this chapter.
(e)  Section 403.095(b), Government Code, does not apply to the account established under Subsection (a).
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.22, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 63 - Missing Children and Missing Persons › Subchapter B. University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database › Article 63.066. Backlog of Unidentified Human Remains: Advisory Committee and Outsourcing

(a)  The center shall create an advisory committee, consisting of medical examiners, law enforcement officials, and other interested persons as determined appropriate by the center, to impose priorities regarding the identification of the backlog of high-risk missing person cases and unidentified human remains.
(b)  The center shall use any available federal funding to assist in reducing the backlog of high-risk missing person cases and unidentified human remains.
(c)  The reduction of the backlog may be outsourced to other appropriate laboratories at the center's discretion.
Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.01. Motion

(a)  In this section, "biological material":
(1)  means an item that is in possession of the state and that contains blood, semen, hair, saliva, skin tissue or cells, fingernail scrapings, bone, bodily fluids, or other identifiable biological evidence that may be suitable for forensic DNA testing; and
(2)  includes the contents of a sexual assault evidence collection kit.
(a-1)  A convicted person may submit to the convicting court a motion for forensic DNA testing of evidence that has a reasonable likelihood of containing biological material.  The motion must be accompanied by an affidavit, sworn to by the convicted person, containing statements of fact in support of the motion.
(b)  The motion may request forensic DNA testing only of evidence described by Subsection (a-1) that was secured in relation to the offense that is the basis of the challenged conviction and was in the possession of the state during the trial of the offense, but:
(1)  was not previously subjected to DNA testing; or
(2)  although previously subjected to DNA testing:
(A)  can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous test; or
(B)  was tested:
(i)  at a laboratory that ceased conducting DNA testing after an audit by the Texas Forensic Science Commission revealed the laboratory engaged in faulty testing practices; and
(ii)  during the period identified in the audit as involving faulty testing practices.
(c)  A convicted person is entitled to counsel during a proceeding under this chapter.  The convicting court shall appoint counsel for the convicted person if the person informs the court that the person wishes to submit a motion under this chapter, the court finds reasonable grounds for a motion to be filed, and the court determines that the person is indigent.  Counsel must be appointed under this subsection not later than the 45th day after the date the court finds reasonable grounds or the date the court determines that the person is indigent, whichever is later.  Compensation of counsel is provided in the same manner as is required by:
(1)  Article 11.071 for the representation of a petitioner convicted of a capital felony; and
(2)  Chapter 26 for the representation in a habeas corpus hearing of an indigent defendant convicted of a felony other than a capital felony.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 13, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1006 (H.B. 681), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 278 (H.B. 1573), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 366 (S.B. 122), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 70 (S.B. 487), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 903 (H.B. 3872), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.011. Guardians and Other Representatives

(a)  In this chapter, "guardian of a convicted person" means a person who is the legal guardian of the convicted person, whether the legal relationship between the guardian and convicted person exists because of the age of the convicted person or because of the physical or mental incompetency of the convicted person.
(b) A guardian of a convicted person may submit motions for the convicted person under this chapter and is entitled to counsel otherwise provided to a convicted person under this chapter.
Added by Acts 2003, 78th Leg., ch. 13, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.02. Notice to State; Response

(a)  On receipt of the motion, the convicting court shall:
(1)  provide the attorney representing the state with a copy of the motion; and
(2)  require the attorney representing the state to take one of the following actions in response to the motion not later than the 60th day after the date the motion is served on the attorney representing the state:
(A)  deliver the evidence to the court, along with a description of the condition of the evidence; or
(B)  explain in writing to the court why the state cannot deliver the evidence to the court.
(b)  The convicting court may proceed under Article 64.03 after the response period described by Subsection (a)(2) has expired, regardless of whether the attorney representing the state submitted a response under that subsection.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1006 (H.B. 681), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.035. Unidentified DNA Profiles

If an analyzed sample meets the applicable requirements of state or federal submission policies, on completion of the testing under Article 64.03, the convicting court shall order any unidentified DNA profile to be compared with the DNA profiles in:
(1)  the DNA database established by the Federal Bureau of Investigation; and
(2)  the DNA database maintained by the Department of Public Safety under Subchapter G, Chapter 411, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 278 (H.B. 1573), Sec. 6, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 366 (S.B. 122), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.04. Finding

After examining the results of testing under Article 64.03 and any comparison of a DNA profile under Article 64.035, the convicting court shall hold a hearing and make a finding as to whether, had the results been available during the trial of the offense, it is reasonably probable that the person would not have been convicted.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.  Amended by Acts 2003, 78th Leg., ch. 13, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 278 (H.B. 1573), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 366 (S.B. 122), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 64 - Motion for Forensic DNA Testing › Article 64.05. Appeals

An appeal under this chapter is to a court of appeals in the same manner as an appeal of any other criminal matter, except that if the convicted person was convicted in a capital case and was sentenced to death, the appeal is a direct appeal to the court of criminal appeals.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.  Amended by Acts 2003, 78th Leg., ch. 13, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.001. Definitions

In this chapter:
(1)  "Authority for campus security" means the authority with primary law enforcement jurisdiction over property under the control of a public or private institution of higher education.
(2)  "Centralized registration authority" means a mandatory countywide registration location designated under Article 65.005.
(3)  "Criminal justice official" means a chief of police of a municipality, sheriff, constable, county attorney with criminal jurisdiction, district attorney, or criminal district attorney.
(4)  "Department" means the Department of Public Safety.
(5)  "Extrajurisdictional registrant" means a person who is required to register as a terrorist under the laws of another state with which the department has entered into a reciprocal registration agreement.
(6)  "Local law enforcement authority" means the office of the chief of police of a municipality, the office of the sheriff of a county in this state, or a centralized registration authority.
(7)  "Officer" means a juvenile probation officer, community supervision and corrections department officer, or parole officer.
(8)  "Penal institution" means:
(A)  a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B)  a confinement facility operated by or under contract with the Texas Juvenile Justice Department;
(C)  a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department; or
(D)  a county jail.
(9)  "Released" means discharged, paroled, placed in a nonsecure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mandatory supervision.
(10)  "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for committing:
(A)  an offense under Chapter 76, Penal Code;
(B)  an offense described by 18 U.S.C. Section 2332b(g)(5);
(C)  an offense under 18 U.S.C. Section 2332f, 2332g, 2332h, or 2332i; or
(D)  an offense against the Uniform Code of Military Justice, against a state or territory of the United States, or against a foreign country, where the offense contains elements that are substantially similar to the elements of an offense described by this subdivision.
(11)  "Terrorist offender" means a person who has a reportable conviction or adjudication.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.002. Applicability of Chapter

(a)  This chapter applies only to a reportable conviction or adjudication occurring on or after January 1, 2024.
(b)  Except as provided by Subsection (c), the duties imposed on a person required to register under this chapter on the basis of a reportable conviction or adjudication, and the corresponding duties and powers of other entities in relation to the person required to register on the basis of that conviction or adjudication, are not affected by an appeal of the conviction or adjudication.
(c)  If a conviction or adjudication that is the basis of a duty to register under this chapter is set aside on appeal by a court or if the person required to register under this chapter receives a pardon, the duties imposed on the person by this chapter and the corresponding duties and powers of other entities in relation to the person are terminated.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.003. Determination Regarding Substantially Similar Elements of Offense

(a)  For purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state or a foreign country, federal law, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense described by Article 65.001(10)(A), (B), or (C).
(b)  The department annually shall provide or make available to each prosecuting attorney's office in this state:
(1)  the criteria used in making a determination under Subsection (a); and
(2)  any existing record or compilation of offenses under the laws of another state or a foreign country, federal law, and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.004. Determination Regarding Primary Registration Authority

(a)  Except as provided by Subsection (b), for each person subject to registration under this chapter, the department shall determine which local law enforcement authority serves as the person's registration authority based on the municipality or county in which the person resides.
(b)  If a person resides, works, or attends school in a county with a centralized registration authority, the centralized registration authority serves as the person's registration authority, regardless of whether the person resides, works, or attends school in any municipality located in that county.
(c)  The department shall notify each person subject to registration under this chapter of the person's primary registration authority in a timely manner.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.005. Centralized Registration Authority

(a)  The commissioners court of a county may designate the office of the sheriff or the office of a chief of police to serve as a centralized registration authority.
(b)  A person subject to this chapter is required to perform the registration and verification requirements of Articles 65.051 and 65.056 and the change of address requirements of Article 65.054 only with respect to the centralized registration authority for the county, regardless of whether the person resides in any municipality located in that county.  If the person resides in a municipality, and the local law enforcement authority does not serve as the person's centralized registration authority, the centralized registration authority, not later than the third day after the date the person registers or verifies registration or changes address with that authority, shall provide to the local law enforcement authority notice of the person's registration, verification of registration, or change of address, as applicable, with the centralized registration authority.
(c)  This article does not affect a person's duty to register with a secondary terrorist offender registry under Article 65.057.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.007. Information Provided on Request of Law Enforcement Personnel or Prosecutor; Alert

(a)  The department shall establish a procedure by which a peace officer, criminal justice official, or employee of a law enforcement agency who provides the department with a driver's license number, personal identification certificate number, or license plate number is automatically provided information as to whether the person is required to register under this chapter or whether the license plate number is entered in the computerized central database under Article 65.006.
(b)  The department shall establish an alert flag on the criminal history record information of each person who is required to register under this chapter that would be visible and accessible to a peace officer, criminal justice official, or employee of a law enforcement agency while in the performance of the officer's, official's, or employee's official duties.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.008. General Immunity

The following persons are immune from liability for good faith conduct under this chapter:
(1)  a criminal justice official;
(2)  an employee or officer of the department, the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, the Board of Pardons and Paroles, or a local law enforcement authority or law enforcement agency;
(3)  an employee or officer of a community supervision and corrections department or a juvenile probation department; and
(4)  a member of the judiciary.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter A. General Provisions › Article 65.009. Rulemaking Authority

The department, the Texas Department of Criminal Justice, and the Texas Juvenile Justice Department may adopt any rule necessary to implement this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.052. Registration: Extrajurisdictional Registrants

(a)  An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 65.056.
(b)  The duty to register for an extrajurisdictional registrant expires on the date the person's duty to register would expire under the laws of the other state or foreign country had the person remained in that state or foreign country, under federal law, or under the Uniform Code of Military Justice, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.055. Status Report by Supervising Officer or Local Law Enforcement Authority

(a)  If the officer supervising a person subject to registration under this chapter receives information to the effect that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's name, physical health, job or educational status, including higher educational status, incarceration, or terms of release, the officer shall promptly notify the appropriate local law enforcement authority or authorities of that change.  If the person required to register intends to change address, the officer shall notify the local law enforcement authorities designated by Article 65.054(b).  Not later than the seventh day after the date the officer receives the relevant information, the officer shall notify the local law enforcement authority of any change in the person's job or educational status in which the person:
(1)  becomes employed, begins to carry on a vocation, or becomes a student at a particular institution of higher education; or
(2)  terminates the person's status in that capacity.
(b)  Not later than the seventh day after the date of the change or the first date the applicable authority by policy allows the person to report, a person subject to registration under this chapter shall report to the local law enforcement authority designated as the person's registration authority any change in the person's name or job or educational status or if the person is hospitalized for any reason.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.057. Registration of Persons Regularly Visiting Location

(a)  A person subject to this chapter who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county in this state, other than the municipality or county in which the person is registered under this chapter, before the last day of that month shall report that fact to:
(1)  the local law enforcement authority of the municipality in which the person is a visitor; or
(2)  if the person is a visitor in a location that is not a municipality, the local law enforcement authority of the county in which the person is a visitor.
(b)  A person described by Subsection (a) shall provide the local law enforcement authority with:
(1)  all information the person is required to provide under Article 65.051(c);
(2)  the address of any location in the municipality or county, as appropriate, at which the person was lodged during the month; and
(3)  a statement as to whether the person intends to return to the municipality or county during the succeeding month.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.058. Requirements Relating to Driver's License or Personal Identification Certificate

(a)  A person subject to registration under this chapter shall apply to the department in person for the issuance of an original or renewal driver's license under Section 521.272, Transportation Code, a personal identification certificate under Section 521.103, Transportation Code, or a commercial driver's license or commercial learner's permit under Section 522.033, Transportation Code, not later than the 30th day after the date:
(1)  the person is released from a penal institution or by a court; or
(2)  the department sends written notice to the person of the requirements of this article.
(b)  The person shall annually renew in person the driver's license or personal identification certificate until the person's duty to register under this chapter expires.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.059. DNA Specimen

A person required to register under this chapter shall comply with a request for a DNA specimen made by a law enforcement agency under Section 411.1473, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 65 - Terrorist Offender Registration Program › Subchapter B. Registration and Verification Requirements; Related Notice › Article 65.060. Prohibited Location of Residence

A person subject to registration under this chapter may not reside on the campus of an institution of higher education unless the institution approves the person to reside on the institution's campus.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.