SECTION 27.161. Entry of Information

(a) The department maintains a DNA Supported Suspected Offender File to collect and disseminate information regarding additional offenses that forensic DNA test results indicate may have been committed by a person who has been arrested for or charged with any felony or misdemeanor offense, other than a misdemeanor offense punishable by fine only.

(b) Information may only be entered into the DNA Supported Suspected Offender File if based on forensic DNA test results indicating the DNA profile of the person cannot be excluded as a donor to the DNA profile of a person suspected to have committed an offense.

(c) To be entered into the DNA Supported Suspected Offender File, the information must meet the following criteria:

(1) submitted in the form of an affidavit signed by an investigating criminal justice agency;

(2) approved by a district judge;

(3) accompanied by the submission of the subject's fingerprints; and

(4) accompanied by a completed DNA Supported Suspected Offender File (CR-40).

Source Note: The provisions of this §27.161 adopted to be effective August 29, 2010, 35 TexReg 7449