(a) The director may release a DNA sample, analysis, profile, or record, only:
- (1) to a criminal justice agency for 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) identification research and protocol development; or
- (C) quality control.
- (b) The director may release a DNA sample, analysis or record to a law enforcement agency laboratory for law enforcement purposes.
- (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.
- (d) A file, fingerprint, or other identifying record submitted to the director by TYC under this chapter and relating to or identifying a juvenile shall be maintained separately from adult records. This subsection does not apply to storage or use of a DNA record in the DNA database.
Source Note:The provisions of this §28.24 adopted to be effective February 7, 2005, 30 TexReg 407.