(a) Requirement to Maintain DNA QA Database Separately.
A crime laboratory's DNA QA database must be maintained separately
from any other local, state, or federal database, including the CODIS
DNA database established by the Federal Bureau of Investigation.
(b) Prohibited Upload of Elimination Samples. Crime
laboratories are prohibited from uploading or storing a DNA record
created from an elimination sample, or any other information derived
from that record, in any database other than the DNA QA database maintained
by the crime laboratory. Nothing in this subchapter prohibits a crime
laboratory from maintaining case information, including DNA records,
as required to comply with accrediting body standards or applicable
law, including but not limited to article 39.14, Code of Criminal
Procedure.
(c) Prohibited Access to DNA QA Database Records. Crime
laboratories are prohibited from allowing any other person, other
than authorized users, access to the crime laboratory's DNA QA database.
(d) Timeline for Removal of Elimination Samples. Crime
laboratories that maintain a DNA QA database must, not later than
three months after the date on which a forensic DNA analysis of an
elimination sample is completed, remove from the DNA QA database the
DNA record created from the elimination sample and any other information
derived from that record that is contained in the database.
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