The DNA database may contain DNA records, including profiles, for the following types of records:
- (1) an individual described by §28.41 of this title (relating to Sample Collection by TDCJ);
- (2) a juvenile described by §28.61 of this title (relating to Sample Collection by TYC);
- (3) an individual charged with, convicted of, or placed on deferred adjudication for certain offenses described in subchapter G of this chapter;
- (4) a biological sample of a deceased victim of a crime;
- (5) a biological sample that is legally obtained in the investigation of a crime, regardless of origin;
- (6) an unidentified missing person, or unidentified skeletal remains or body parts;
- (7) a close biological relative of a person who has been reported missing to a law enforcement agency;
- (8) a person at risk of becoming lost, such as a child or a person declared by a court to be mentally incapacitated, if the record is required by court order or a parent, conservator, or guardian of the person consents to the record; or
- (9) an unidentified person, if the record does not contain personal identifying information.
Source Note:The provisions of this §28.23 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.