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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
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Chapter 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS |
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Subchapter G. DNA DATABASE SYSTEM |
Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION
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(a) The director by rule shall establish procedures:
(1) to prevent unauthorized access to the DNA database; and
(2) to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subchapter.
(b) The director may adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory.
(c) The director may release a DNA sample, analysis, or record only:
(1) to a criminal justice agency for criminal justice or law enforcement identification purposes;
(2) for a judicial proceeding, if otherwise admissible under law;
(3) for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 17.47, Code of Criminal Procedure, or other court order; or
(4) for another purpose:
(A) described in Section 411.143; or
(B) required under federal law as a condition for obtaining federal funding.
(d) The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person.
(e) A criminal justice agency may have access to a DNA sample for a law enforcement purpose through:
(1) the agency's laboratory; or
(2) a laboratory used by the agency.
(f) The director shall maintain a record of requests made under this section.