| (a) Prosecutor determines no profile. The director
encourages but does not require the appropriate felony prosecutor
to file a motion for a DNA sample to be taken under this subchapter,
if an original, DNA sample:
(1) was never taken;
(2) was lost or rejected; or
(3) did not otherwise produce a valid DNA profile under
this subchapter.
(b) Request from a felony prosecutor. If the defendant
has already submitted a DNA sample, an attorney representing the state
in felony prosecutions may submit a written request to the director
to determine that a defendant should provide a standard DNA sample.
The request must include justification demonstrating to the director
that the interests of justice or public safety require that the defendant
provide an additional DNA sample.
(c) DPS determines no profile. If the director determines
that no valid DNA profile exists for a defendant under this subchapter,
the director deems that the interests of justice and public safety
require that a defendant provide an additional, standard sample. The
director may contact an appropriate felony prosecutor to submit a
written request under this section to ensure that each defendant,
who is required to provide a sample, does provide at least one profiled
DNA sample.
(d) Profile does exist. If the director determines
that a valid DNA record does exist for a defendant, the director:
(1) shall not solicit an additional DNA sample to be
taken by TDCJ or TJJD without a written request from a felony prosecutor;
(2) may contact the appropriate felony prosecutor to
submit a written request under this section; and
(3) may store an unsolicited sample for future testing.
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