SECTION 28.24. DNA Records Access

(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