- (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.