| (a) The director may release a DNA sample, analysis,
profile, or record, only:
(1) to a criminal justice agency for criminal justice
or law enforcement identification purposes;
(2) to a court for a judicial proceeding, if otherwise
admissible under law;
(3) to a criminal defendant for defense purposes, if
related to the case in which the defendant is charged; or
(4) if personally identifiable information is removed,
for:
(A) a population statistics database;
(B) forensic identification research and forensic protocol
development; or
(C) quality control.
(b) The director may only release a DNA sample to a
criminal justice or law enforcement agency for criminal justice or
law enforcement purposes through:
(1) the agency's laboratory;
(2) a laboratory used by the agency; or
(3) a laboratory directed by a valid court order.
(c) The director shall maintain a record of requests
made under this section. The director may release a record of the
number of requests made for a defendant's DNA record and the name
of the requesting person.
|
| Source Note: The provisions of this §28.24 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective September 8, 2013, 38 TexReg 5741; amended to be effective August 17, 2016, 41 TexReg 6065; amended to be effective December 11, 2017, 42 TexReg 6941 |
