reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter L - DNA SUPPORTED SUSPECTED OFFENDER FILE › Section 27.163 - Notice of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  request to determine whether the department has entered information relating to
				  that person in the DNA Supported Suspected Offender File as follows:
(1) The person must be fingerprinted by a
				  criminal justice agency or other entity on a department approved fingerprint
				  card, or by the department approved electronic fingerprint submission vendor.
				  The criminal justice agency, other entity or the department approved vendor for
				  the electronic submission of fingerprints must establish the person's identity
				  by requiring the person to produce a government issued photo identification
				  document.
(2) The criminal justice
				  agency or other entity must include the following identifying information of
				  the person on the fingerprint card:
(A) the
				  person's complete name (LAST, FIRST, MIDDLE), including any other names used by
				  the person;
(B) the person's sex,
				  race, and date of birth (MONTH, DAY, YEAR); and
(C) a complete, legible set of ten rolled
				  fingerprints and simultaneous impressions taken from the person.
(3) The person must mail the
				  completed fingerprint card and a signed, written request that the department
				  search the DNA Supported Suspected Offender File for information relating to
				  the person to Crime Records Service, Attn: DNA Supported Suspected Offender
				  File, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas
				  78765-4143. The written request must include the printed name, phone number,
				  and return mailing address of the person designated to receive the result of
				  the search.
(4) Fingerprint cards
				  with illegible prints or incomplete information will be returned to the address
				  provided in the written request for proper re-submission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter L - DNA SUPPORTED SUSPECTED OFFENDER FILE › Section 27.164 - Review of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
				  believes an entry or information maintained by the department relating to the
				  person in the DNA Supported Suspected Offender File is inaccurate, the person
				  may return a copy of the department's correspondence and a written request that
				  the department review the information to DNA Supported Suspected Offender File,
				  P.O. Box 4143, Austin, Texas 78765-4143. The request to review entry must
				  allege the department may have entered inaccurate information relating to the
				  person.
(b) Upon receipt of a
				  request to review entry, the department shall review the information to
				  determine whether there is a high likelihood that the information is
				  accurate.
(c) If the department
				  determines there is not a high likelihood the information relating to the
				  person is accurate, the department will:
(1)
				  promptly remove the information from the DNA Supported Suspected Offender File;
				  and
(2) notify appropriate
				  divisions of the department, the investigating criminal justice agency, and the
				  subject of the determination and removal of the information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter M - CRIMINAL HISTORY CLEARINGHOUSE › Section 27.171 - Purpose of the Criminal History Clearinghouse

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the criminal history clearinghouse is to:
(1) provide authorized entities with
				  the Texas and FBI fingerprint-based criminal history results.
(2) provide authorized entities with
				  subscription and notification service to disseminate updated criminal history
				  information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter M - CRIMINAL HISTORY CLEARINGHOUSE › Section 27.172 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms in this section, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Department
				  (DPS) - Texas Department of Public Safety.
(2) FBI - Federal Bureau of Investigation.
(3) Identity History Summary - The
				  FBI report of all identification, demographic, and event information, criminal
				  and/or civil, within a Texas and FBI Identity record that may be disseminated
				  to an authorized recipient. Since a Texas and FBI Identity record may now
				  contain criminal and/or civil information, the existence of an Identity History
				  Summary alone does not indicate that any criminal history events exist for that
				  person.
(4) Request for criminal
				  history record information - The processing and entry of a person's complete
				  set of fingerprints in the department's tenprint database and the comparison of
				  those prints to the department's latent print database and if authorized the
				  entry into FBI's tenprint and comparison to the FBI's latent print database.
(5) Subscription - The
				  subscription at the department, the FBI or both.
(6) Subscription term - A lifetime
				  subscription to a person.
(7)
				  Triggering event - Events that can trigger an update to an Identity History
				  Summary. Examples include arrests, dispositions, and sex offender registry.
(8) Validation - A process whereby
				  the subscriber reviews a subscription to determine whether they are still
				  authorized to receive criminal history record information on that individual
				  and updates the subscription accordingly. Validations are required on a yearly
				  basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter M - CRIMINAL HISTORY CLEARINGHOUSE › Section 27.173 - Duties of the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall process a request for criminal history record information.
(b) Fingerprints are searched in
				  the department's tenprint and latent print databases.
(c) Fingerprints are submitted to the FBI to
				  be searched in the FBI's tenprint and latent print databases.
(d) Results from both tenprint searches shall
				  be populated in the clearinghouse.
(e) The department shall update clearinghouse
				  records within 48 hours after the department becomes aware that either the
				  Texas or the FBI criminal history has been changed.
(f)The department shall provide subscription
				  validation lists to each subscription entity.
(g) The department shall perform at least a
				  triennial audit on each entity with access to the clearinghouse.
(h) The department shall compare retained
				  fingerprints against all new tenprint and latent fingerprint submissions.
(i) The FBI shall compare retained
				  fingerprints against all new tenprint and latent fingerprint
				  submissions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 27 - CRIME RECORDS › Subchapter M - CRIMINAL HISTORY CLEARINGHOUSE › Section 27.174 - Duties of Entities Participating in the Clearinghouse

Current through Reg. 49, No. 28; July 12, 2024
(a) Entities shall only submit requests for
				  criminal history record information on a person who has authorized the access
				  of their information.
(b) Entities
				  may subscribe to a person in the clearinghouse, if the entity has the authority
				  to view the record.
(c) Entities
				  shall unsubscribe from a person when it no longer has authority to view a
				  record.
(d) Entities shall allow
				  the department and FBI to conduct audits of their clearinghouse accounts to
				  prevent any unauthorized access, use or dissemination of the information.
(e) Entities shall validate their
				  subscriptions in accordance with the department's policies.
(f) Entities shall maintain compliance with
				  the FBI Criminal Justice Information Services Security Policy.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.1 - Chapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context shall clearly indicate
					 otherwise.
(1) Accredited
				  laboratory--A laboratory accredited in accordance with 37 TAC §§
										651.1-
				  651.11.
(2) CODIS--The FBI's Combined DNA Index
				  System. The term includes the national DNA index system (NDIS) and the state
				  DNA index system (SDIS) sponsored by the FBI.
(3) CODIS user laboratory--A DNA laboratory
				  subject to Subchapter G of this chapter.
(4) Crime laboratory--
(A) An accredited laboratory;
(B) A CODIS user laboratory; or
(C) A forensic DNA laboratory.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.2 - Voluntary Sample

Current through Reg. 49, No. 28; July 12, 2024
Any person may voluntarily submit a sample using a DPS
					 approved kit to the director for the purpose of creating a DNA record under
					 Subchapter B of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.3 - Compliance with Certain Procedures

Current through Reg. 49, No. 28; July 12, 2024
A criminal justice or law enforcement agency shall follow
					 the procedures established by the director under this chapter and specified by
					 the FBI, including use of comparable test procedures, laboratory equipment,
					 supplies, and computer software.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.4 - Sample Collection

Current through Reg. 49, No. 28; July 12, 2024
A criminal justice or law enforcement agency or DNA
					 laboratory may not collect, and the director may not accept, a sample taken
					 from a person who is not deceased, whether submitted voluntarily or as required
					 by this chapter, unless:
(1) a blood
				  sample is collected in a medically approved manner by:
(A) a physician, registered nurse, licensed
				  vocational nurse, licensed clinical laboratory technologist; or
(B) another person who is trained to properly
				  collect blood samples and supervised by a licensed physician; or
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.5 - Sample Submitted to Director

Current through Reg. 49, No. 28; July 12, 2024
A person who collects a sample under Subchapter C, D, or H
					 of this chapter shall send the sample to the director at the DPS Crime
					 Laboratory Service.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.6 - Confidentiality of DNA Records

Current through Reg. 49, No. 28; July 12, 2024
A DNA record is confidential and is not subject to
					 disclosure under Government Code, Chapter 552.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter A - DEFINITIONS AND GENERAL CODIS PROVISIONS › Section 28.7 - Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Information about this chapter is
				  available at the following website: http://www.dps.texas.gov.
(b) Except as provided by §
										28.109 of
				  this title (relating to CODIS Communications) and §
										28.130 of this
				  title (relating to DNA Communications), a forensic DNA laboratory or accredited
				  laboratory shall communicate with the department or the director through the
				  DPS Crime Laboratory Service at:
(1)
				  telephone number: (512) 424-2105;
(2) fax number: (512) 424-5645;
(3) e-mail address: LABQA@dps.texas.gov;
				  and
(4) physical mailing address:
				  DPS Crime Laboratory, 5800 Guadalupe, Austin, Texas 78752.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.21 - DNA Database Authority

Current through Reg. 49, No. 28; July 12, 2024
The director shall record DNA data and establish and
					 maintain a computerized database that serves as the central depository in the
					 state for criminal DNA records, including profiles. The director may maintain
					 the DNA database at the DPS Crime Laboratory Service or another suitable
					 location.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.22 - DNA Database Purposes

Current through Reg. 49, No. 28; July 12, 2024
The director may receive, analyze, store, and destroy a
					 record, profile, or sample for the following purposes:
(1) to assist a federal, state, or local
				  criminal justice agency in the investigation or prosecution of sex-related
				  offenses or other offenses in which biological evidence is recovered;
(2) in criminal cases, for use in the
				  investigation of an offense, the exclusion or identification of suspects or
				  offenders, and the prosecution or defense of the case;
(3) to assist in the recovery or
				  identification of human remains from a disaster or for humanitarian
				  purposes;
(4) to assist in the
				  identification of living or deceased missing persons;
(5) if personal identifying information is
				  removed:
(A) to establish a population
				  statistics database; and
(B) to
				  assist in identification research, forensic validation studies, or forensic
				  protocol development;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.23 - Types of DNA Files

Current through Reg. 49, No. 28; July 12, 2024
The DNA database may contain DNA records, including
					 profiles, for the types of records described in Government Code, §
										411.142.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.24 - DNA Records Access

Current through Reg. 49, No. 28; July 12, 2024
(a) The director
				  may release a DNA sample, analysis, profile, or record, only:
(1) to a criminal justice agency for criminal
				  justice or law enforcement identification purposes;
(2) to a court for a judicial proceeding, if
				  otherwise admissible under law;
(3)
				  to a criminal defendant for defense purposes, if related to the case in which
				  the defendant is charged; or
(4) if
				  personally identifiable information is removed, for:
(A) a population statistics
				  database;
(B) forensic
				  identification research and forensic protocol development; or
(C) quality control.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.25 - DNA Database Use

Current through Reg. 49, No. 28; July 12, 2024
(a) The information
				  contained in the DNA database may not be collected, analyzed, or stored to
				  obtain information about human physical traits or predisposition for disease
				  unless the purpose for obtaining the information is related to a purpose
				  described by §
										28.22 of
				  this title (relating to DNA Database Purposes).
(b) In general, the director may not store a
				  name or other personal identifying information in the CODIS database. A profile
				  record may include a file or reference number to another information system in
				  the CODIS database only if the director determines the information is necessary
				  to:
(1) generate an investigative lead or
				  exclusion;
(2) support the
				  statistical interpretation of a test result; or
(3) allow for the successful implementation
				  of the DNA database.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.26 - DNA Database

Current through Reg. 49, No. 28; July 12, 2024
(a) Capabilities.
				  The DNA database must be capable of classifying, matching, and storing the
				  profiles or other results of analyses of DNA.
(b) National standards. Standards for DNA
				  analysis shall meet or exceed the current standards for quality assurance and
				  proficiency testing for forensic DNA analysis issued by the FBI. The DNA
				  database may contain only DNA records of DNA analyses, including profiles,
				  performed according to the standards required by this chapter.
(c) Compatibility. The DNA database must be
				  compatible with the national DNA index system (NDIS) procedures sponsored by
				  the FBI to the extent required by the FBI to permit the useful exchange and
				  storage of DNA records or information derived from those records, including
				  profiles.
(d) FBI liaison. The
				  director or a designee is the liaison for DNA data, records, profiles,
				  evidence, and other related matters between the FBI and a DNA laboratory or a
				  criminal justice or law enforcement agency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.27 - Sample Collection Kits

Current through Reg. 49, No. 28; July 12, 2024
The director shall provide a reasonable quantity of sample
					 collection kits to a criminal justice or law enforcement agency in this state,
					 which is required by statute to collect offender samples, at no cost to the
					 agency. A sample collection kit shall consist of any items necessary for sample
					 collection including instructions and any other item designated by the
					 director. Agencies shall use the supplies contained in the kit, as directed in
					 the instructions, unless otherwise approved by the director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.28 - Compliance with Collection Provisions

Current through Reg. 49, No. 28; July 12, 2024
In order for a sample to comply with DPS collection
					 provisions, all of the following standards must be met:
(1) The sample shall have been collected
				  pursuant to the following:
(A) proper
				  statutory authority,
(B)
				  court-order, or
(C) voluntary
				  submission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.29 - Existence of Satisfactory Sample

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information may be released to a criminal justice or law enforcement agency
				  about whether or not a satisfactory DNA sample has been received.
(b) A formal request shall be provided and
				  should contain: the offender's full name, date of birth, and Texas State
				  Identification (SID) number.
(c)
				  The information that may be released includes: if a sample has been received,
				  the date of receipt, the submitting agency, and the verification
				  status.
(d) The department shall
				  maintain a record of requests made under this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.30 - Administrative Removal

Current through Reg. 49, No. 28; July 12, 2024
If a sample has been erroneously taken from an individual
					 that is not required by statute to provide a sample, the agency collecting the
					 sample shall provide a formal request to the director asking that the sample be
					 destroyed. Prior to destruction, a check of the offender's criminal history
					 will be conducted to verify that there are no qualifying offenses. If an
					 individual is determined to have a qualifying offense, and a satisfactory
					 sample has not been previously submitted, the agency will be notified that the
					 sample is being retained. If there are no qualifying offenses, the sample and
					 its associated records will be removed, and the collecting agency notified of
					 the removal. Communications may be made as detailed in §
										28.109 of
					 this title (relating to CODIS Communications).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter B - CODIS RESPONSIBILITIES OF THE DIRECTOR › Section 28.31 - Court Order

Current through Reg. 49, No. 28; July 12, 2024
If any person subject to this chapter fails or refuses to
					 comply with this chapter or with Government Code, Chapter 411, Subchapter G ,
					 the director may request a district or county attorney or the attorney general
					 to seek compliance with the act through a court order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.41 - Sample Collection by TDCJ

Current through Reg. 49, No. 28; July 12, 2024
An individual confined in a penal institution operated by
					 or under contract with the Texas Department of Criminal Justice shall provide
					 one or more DNA samples for the purpose of creating a DNA
					 record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.42 - TDCJ Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
TDCJ shall:
(1)
				  obtain samples from individuals under this subchapter;
(2) preserve each sample collected;
(3) maintain a record of the collection of
				  the sample; and
(4) send the sample
				  to the director for scientific analysis under Subchapter B of this
				  chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.43 - Sample Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) Time to
				  collect. TDCJ shall obtain the sample from an individual during the diagnostic
				  process or at another time determined by TDCJ.
(b) Use of force. A TDCJ employee may use
				  force against an individual required to provide a sample under this subchapter
				  when and to the degree the employee reasonably believes the force is
				  immediately necessary to collect the sample.
(c) Contracts. TDCJ may contract for
				  phlebotomy services under this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.44 - Fingerprint and Signature

Current through Reg. 49, No. 28; July 12, 2024
(a) TDCJ shall
				  collect and forward thumbprints with each DNA sample collected under this
				  subchapter.
(b) The thumbs must be
				  rolled to capture the entire print.
(c) TDCJ shall provide a legible signature of
				  the person collecting the sample and, for identification purposes, should make
				  reasonable efforts to collect a legible signature from the subject providing
				  the sample.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.45 - Inmate in Another Institution

Current through Reg. 49, No. 28; July 12, 2024
If an individual is confined in another institution after
					 sentencing and before admission to TDCJ, and TDCJ determines that the
					 individual is likely to be released before being admitted to TDCJ, TDCJ shall
					 cause a sample to be collected from the individual. The administrator of the
					 other penal institution shall cooperate under this section as required by
					 law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.46 - Advance Notice of Release

Current through Reg. 49, No. 28; July 12, 2024
If requested by the director, TDCJ shall notify the
					 director that an individual subject to this subchapter is to be released from
					 custody not earlier than the 120th day before the individual's release date and
					 not later than the 90th day before the individual's release
					 date.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Section 28.47 - Release without Sample

Current through Reg. 49, No. 28; July 12, 2024
If an individual is released without first having submitted
					 a required sample, TDCJ shall file an appropriate report with the director. The
					 director may then seek post-release compliance with this subchapter. If the
					 individual remains under the supervision of TDCJ (such as with the Parole
					 division), TDCJ shall cause a sample to be collected from the individual. The
					 administrator of the other division shall cooperate under this section as
					 required by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.61 - Sample Collection by TJJD

Current through Reg. 49, No. 28; July 12, 2024
A juvenile who is, after an adjudication for conduct
					 constituting a felony, confined in a facility operated by or under contract
					 with TJJD shall provide one or more DNA samples taken by or at the request of
					 the commission for the purpose of creating a DNA record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.62 - TJJD Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
TJJD shall:
(1)
				  obtain samples from juveniles under this subchapter;
(2) preserve each sample collected;
(3) maintain a record of the collection of
				  the sample; and
(4) send the sample
				  to the director for scientific analysis under Subchapter B of this
				  chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.63 - Sample Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) Time to
				  collect. TJJD shall obtain the sample from a juvenile during the initial
				  examination or at another time determined by TJJD.
(b) Use of force. A TJJD employee may use
				  force against a juvenile required to provide a sample under this subchapter
				  when and to the degree the employee reasonably believes the force is
				  immediately necessary to collect the sample.
(c) Contracts. TJJD may contract for
				  phlebotomy services under this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.64 - Collection of Fingerprint and Signature

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  TJJD shall collect and forward thumbprints with each DNA sample collected under
				  this subchapter.
(b) The thumbs
				  must be rolled to capture the entire print.
(c) TJJD shall provide a legible signature of
				  the person collecting the sample and, for identification purposes, should make
				  reasonable efforts to collect a legible signature from the subject providing
				  the sample.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.65 - Juvenile in Another Institution

Current through Reg. 49, No. 28; July 12, 2024
If a juvenile is confined in another juvenile detention
					 facility after adjudication and before admission to TJJD, and TJJD determines
					 that the juvenile is likely to be released before being admitted to TJJD, TJJD
					 shall cause a sample to be collected from the juvenile. The administrator of
					 the other juvenile detention facility shall cooperate fully with TJJD as
					 necessary to allow TJJD to perform its duties under this
					 subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.66 - Advance Notice of Release

Current through Reg. 49, No. 28; July 12, 2024
If requested by the director, TJJD shall notify the
					 director that a juvenile subject to this subchapter is to be released from
					 custody not earlier than the 120th day before the juvenile's release
					 date.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter D - CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT › Section 28.67 - Release without Required Sample

Current through Reg. 49, No. 28; July 12, 2024
If a juvenile is released without first having submitted a
					 required sample, TJJD shall file an appropriate report with the director. The
					 director may seek post-release compliance with this
					 subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter E - CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY › Section 28.81 - Sample Collection by Community Supervision Agency

Current through Reg. 49, No. 28; July 12, 2024
The following individuals shall provide one or more DNA
					 samples taken by or at the request of a community supervision and corrections
					 department or a local juvenile probation department ("supervising agency") for
					 the purpose of creating a DNA record:
(1) an individual, other than a juvenile, who
				  is ordered by a magistrate or court to provide a DNA sample under Code of
				  Criminal Procedure, Article 42.12 or other law as part of an order granting
				  community supervision to the individual; and
(2) a juvenile who, following an adjudication
				  for conduct constituting a felony, is placed on probation, if the conduct
				  constitutes a felony described by Family Code, §
										54.0409.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter E - CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY › Section 28.82 - Community Supervision Agency's Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The supervising agency shall:
(1) obtain samples from individuals under
				  this subchapter;
(2) preserve each
				  sample collected;
(3) maintain a
				  record of the collection of the sample; and
(4) send the sample to the director for
				  scientific analysis under Subchapter B of this chapter (relating to CODIS
				  Responsibilities of the Director).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter E - CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY › Section 28.83 - Sample Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) Time to
				  collect. The supervising agency shall obtain the sample from an individual at
				  or near the time the agency accepts supervision of that individual.
(b) Use of force. A supervising agency
				  employee may use force against an individual required to provide a sample under
				  this subchapter when and to the degree the employee reasonably believes the
				  force is immediately necessary to collect the sample.
(c) Contracts. The supervising agency may
				  contract for collection services under this subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter E - CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY › Section 28.84 - Fingerprint and Signature

Current through Reg. 49, No. 28; July 12, 2024
(a) The supervising
				  agency shall collect and forward thumbprints with each DNA sample collected
				  under this subchapter.
(b) The
				  thumbs must be rolled to capture the entire print.
(c) The supervising agency shall provide a
				  legible signature of the person collecting the sample and, for identification
				  purposes, should make reasonable efforts to collect a legible signature from
				  the subject providing the sample.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter F - FORENSIC DNA LABORATORIES › Section 28.91 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter contains the director's rules that govern the regulation of DNA
				  laboratories located in this state.
(b) The rules contained in this subchapter
				  apply to forensic DNA laboratories, including a CODIS user laboratory, and do
				  not apply to:
(1) any laboratory, including a
				  crime laboratory, which does not conduct DNA testing; or
(2) any entity that conducts DNA testing, if
				  that testing is performed for a purpose other than forensic analysis under Code
				  of Criminal Procedure, Article 38.35.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter F - FORENSIC DNA LABORATORIES › Section 28.92 - Minimum Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A forensic DNA
				  laboratory shall comply with the rules in this subchapter.
(b) Before conducting a DNA test, a forensic
				  DNA laboratory shall:
(1) obtain accreditation
				  in accordance with 37 TAC §§
											651.1-
				  651.11;
				  and
(2) comply with the audit
				  standards required by the laboratory's recognized accrediting body.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.101 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter contains the director's rules that govern the regulation of a CODIS
				  user laboratory located in this state.
(b) The rules contained in this subchapter
				  apply to a CODIS user laboratory and do not apply to:
(1) a forensic DNA laboratory that does not
				  participate in CODIS;
(2) any
				  laboratory which does not conduct DNA testing; or
(3) any entity that conducts DNA testing, if
				  that testing is performed for a purpose other than forensic analysis under Code
				  of Criminal Procedure, Article 38.35.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.102 - CODIS Laboratory Application

Current through Reg. 49, No. 28; July 12, 2024
A DNA laboratory in this state that is maintained by a
					 criminal justice agency may apply to become a CODIS user laboratory by
					 completing an application form provided by the director and providing requested
					 information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.103 - Policy, Procedure, and Rule Compliance

Current through Reg. 49, No. 28; July 12, 2024
A CODIS user laboratory shall:
(1) comply with CODIS policy and with this
				  chapter, including the collection, preservation, shipment, and analysis of a
				  sample or specimen and access and use of the DNA database;
(2) follow the procedures established by the
				  director under this chapter and specified by the FBI, including the use of
				  comparable test procedures, profiles, laboratory equipment, supplies and
				  computer software;
(3) maintain
				  accreditation in accordance with 37 TAC §§
										651.1-
				  651.11;
				  and
(4) be subject to the provision
				  of the annual audit described by the FBI DNA Quality Assurance Audit Document.
				  The laboratory shall inform the director within 30 days of the completion of
				  such annual audit, and shall provide the director with a copy of the
				  notification, by the FBI, of the determination on all external audits within 30
				  days of receipt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.104 - Entry and Inspection

Current through Reg. 49, No. 28; July 12, 2024
The director may enter and inspect a CODIS user laboratory
					 during reasonable business hours and to monitor operations related to:
(1) the collection, preservation, shipment,
				  and analysis of samples;
(2) the
				  access and use of the DNA database; and
(3) any other matters including compliance
				  with FBI guidelines.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.105 - CODIS Records and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A CODIS user
				  laboratory conducting a DNA analysis under this subchapter shall transmit the
				  DNA record of the analysis, including profiles, to the director at the DPS
				  Crime Laboratory Service.
(b) If a
				  CODIS user laboratory agrees or is required to report the results of an
				  analysis, comparison, or other match to a criminal justice or law enforcement
				  agency, the laboratory shall make reasonable efforts to submit the report to
				  the agency no later than 30 days after completing its report of the comparison
				  or match.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.106 - Analysis of CODIS Records and Reports

Current through Reg. 49, No. 28; July 12, 2024
A CODIS user laboratory may analyze a biological sample
					 collected under this chapter or other DNA sample only:
(1) to type the genetic markers contained in
				  the sample;
(2) for criminal
				  justice and law enforcement purposes; or
(3) for other purposes described by this
				  subchapter or a purpose described by §
										28.22 of
				  this title (relating to DNA Database Purposes).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.107 - Second Sample for Trial

Current through Reg. 49, No. 28; July 12, 2024
Because the convicted offender CODIS sample and its
					 analysis are intended only to be used as an investigative lead, if possible a
					 second DNA sample must be obtained from a suspect in a criminal investigation
					 if forensic DNA evidence is necessary for use as substantive evidence in the
					 prosecution of a case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.108 - Prohibition of CODIS User Laboratory Activity

Current through Reg. 49, No. 28; July 12, 2024
If a CODIS user laboratory violates this subchapter, the
					 director may prohibit the laboratory from:
(1) exchanging DNA records with another DNA
				  laboratory or criminal justice or law enforcement agency; or
(2) accessing the CODIS system.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter G - CODIS USER LABORATORIES › Section 28.109 - CODIS Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Information
				  about this subchapter is available at the following website:
				  http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm.
(b) To inquire about information and
				  administrative matters with, transmit to, or otherwise contact the department,
				  director, or Crime Laboratory Service with respect to this subchapter:
(1) the telephone number is: (512)
				  424-2790;
(2) the fax number is:
				  (512) 424-2386;
(3) the e-mail
				  address is: codislab@dps.texas.gov;
(4) the Post Office Box mailing address is:
				  Crime Laboratory Service, Attention CODIS, MSC 0461, Texas Department of Public
				  Safety, P.O. Box 4143, Austin, Texas 78765-0461; and
(5) the physical mailing address is: Crime
				  Laboratory Service, Attention CODIS, Texas Department of Public Safety, 5800
				  Guadalupe, Austin, Texas 78752.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.121 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Approved laboratory or
				  lab--A public or private forensic laboratory that is approved by the director
				  under this subchapter. The term does not include the department's crime
				  laboratory service.
(2)
				  Defendant--A suspect or arrestee.
(3) DNA Database Card--A form available from
				  the director to be used by an agency to make a record under this
				  subchapter.
(4) DNA Procedural
				  Guidelines--The latest draft of the director's publication by that name and any
				  cross-referenced material, including a procedure or specimen collection method
				  approved by the director.
(5)
				  Standard DNA sample--A DNA sample provided by an individual under Subchapters A
				  through E of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 28 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter H - DATABASE RECORDS › Section 28.122 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This subchapter contains the director's rules governing the taking of
				  a biological sample from certain eligible individuals by an agency in order to
				  populate the DPS DNA database.
(b)
				  Applicability. The general law and rules governing CODIS apply to this
				  subchapter except as otherwise provided by this subchapter.
(1) This subchapter applies to a standard DNA
				  sample taken from an eligible individual for an offense covered by this
				  subchapter.
(2) This subchapter
				  does not apply to:
(A) a DNA sample or record
				  maintained by the director under Subchapter F of this chapter; or
(B) a suspect reference sample that is not a
				  voluntary sample described by §
												28.123(6)
				  of this title (relating to Eligible Individual).