Texas § GV.411.141 - DEFINITIONS

§ GV.411.141. DEFINITIONS

DEFINITIONS. In this subchapter: (1) "Authorized law enforcement agency" means a law enforcement agency that is authorized by the director to perform rapid DNA analyses under Section 411.146 (c-1). (1-a) "CODIS" means the FBI's Combined DNA Index System. The term includes the national DNA index system sponsored by the FBI. (2) "Conviction" includes conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity. (3) "Criminal justice agency" means: (A) a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice; (B) a secure correctional facility as defined by Section 1.07 , Penal Code; or (C) a community supervision and corrections department, a parole office, or a local juvenile probation department or parole office. (4) "DNA" means deoxyribonucleic acid. (5) "DNA database" means one or more databases that contain forensic DNA records maintained by the director. (6) "DNA laboratory" means a laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a department crime laboratory facility that conducts forensic DNA analysis. (7) "DNA record" means the results of a forensic DNA analysis performed by a DNA laboratory or the results of a rapid DNA analysis performed by an authorized law enforcement agency under this subchapter. The term includes a DNA profile and related records, which may include a code or other identifying number referenced to a separate database to locate: (A) the originating entity; and (B) if known, the name and other personally identifying information concerning the individual who is the subject of the analysis. (8) "DNA sample" means a blood sample or other biological sample or specimen provided by an individual under this subchapter or submitted to the director under this subchapter for DNA analysis or storage. (8-a) "Elimination sample" means a blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator. (9) "FBI" means the Federal Bureau of Investigation. (10) "Forensic analysis" has the meaning assigned by Article 38.35 , Code of Criminal Procedure. (11) "Institution of higher education" has the meaning assigned by Section 61.003 , Education Code. (11-a) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state that is authorized by law to employ peace officers. (12) "Penal institution" has the meaning assigned by Section 1.07 , Penal Code. (13) "Rapid DNA analysis" means the fully automated processing of a known reference or forensic sample to provide a DNA record that is eligible for comparison in the CODIS database in not more than 24 hours. Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068 ), Sec. 4, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727 ), Sec. 9, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 742 (H.B. 3506 ), Sec. 3, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 853 (S.B. 1723 ), Sec. 1, eff. June 20, 2025.