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.
(5) Criminal justice or law enforcement agency or agency--A
criminal justice agency described by Government Code, §411.082
or §411.141, a city police or county sheriff's department of
this state, the department, another agency or subdivision of this
state which is authorized to employ or commission peace officers,
or the University of North Texas Health Science Center at Fort Worth.
(6) Department (DPS)--The Texas Department of Public
Safety.
(7) Director--The director of the department.
(8) DNA--Deoxyribonucleic acid.
(9) DNA database--One or more databases that contain
forensic DNA records maintained by the director.
(10) DNA laboratory--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 CODIS user laboratory
or a forensic DNA laboratory.
(11) DNA record--The results of a forensic DNA analysis
performed by a DNA laboratory. The term includes a DNA profile and
related records which may include a code or other identifying number
referenced to a separate database and, if known, the name and other
personally identifying information of the individual who is the subject
of the analysis.
(12) DNA sample--A blood sample or other biological
sample or specimen submitted to the director for DNA analysis or storage.
(13) FBI--The Federal Bureau of Investigation.
(14) Forensic analysis--Has the meaning assigned by
Code of Criminal Procedure, Article 38.35.
(15) Forensic DNA laboratory--A laboratory subject
to Subchapter F of this chapter.
(16) Forensic DNA testing--Forensic DNA analysis conducted
for use in a criminal proceeding under Code of Criminal Procedure,
Article 38.35.
(17) Institution of higher education--Has the meaning
assigned by Education Code, §61.003.
(18) Integrity or trustworthiness--Includes:
(A) attention to confidentiality, accuracy, and documentation;
and
(B) prevention of bias or misrepresentation of qualifications,
evidence, conclusions, or testimony.
(19) Penal institution--Has the meaning assigned by
Penal Code, §1.07.
(20) Profile--The DNA profile used for law enforcement
identification.
(21) Recognized accreditation--Accreditation of a laboratory
or other entity by an accrediting body recognized by the Texas Forensic
Science Commission under 37 TAC §651.4.
(22) Recognized accrediting body--An entity that:
(A) issues an accreditation accepted throughout the
relevant scientific community; and
(B) accredits a laboratory or other entity, including
its personnel, procedures, and facilities, whether the body uses 'accreditation,'
'certification,' or a similar term. The term accreditation does not
include the certification of an individual unless that certification
is relevant to an accreditation review of personnel employed by a
laboratory or entity.
(23) Substantial deficiency--A failure to comply with
an accreditation or operational standard that is reasonably likely
to impair:
(A) the integrity or trustworthiness of a test result;
and
(B) the admissibility of that result. The term does
not include a minor deficiency.
(24) TDCJ--The Texas Department of Criminal Justice.
(25) TJJD--The Texas Juvenile Justice Department.
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| Source Note: The provisions of this §28.1 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective March 18, 2012, 37 TexReg 1712; amended to be effective September 8, 2013, 38 TexReg 5740; amended to be effective December 11, 2017, 42 TexReg 6941 |
