Title CR, Code of Criminal Procedure

Art. 63.0515. CRIMINAL JUSTICE AGENCY. For purposes of this subchapter, the center is a criminal justice agency that performs forensic DNA analyses on evidence, including evidence related to a case involving unidentified human remains or a high-risk missing person. The center sha…

Art. 63.052. ESTABLISHMENT OF DNA DATABASE FOR MISSING OR UNIDENTIFIED PERSONS. (a) The board shall develop at the University of North Texas Health Science Center at Fort Worth a DNA database for any case based on the report of unidentified human remains or a report of a high-ris…

Art. 63.053. INFORMATION STORED IN DATABASE. (a) The database required in Article 63.052 may contain only DNA genetic markers that are commonly recognized as appropriate for human identification. Except to the extent that those markers are appropriate for human identification, th…

Art. 63.054. COMPARISON OF SAMPLES. The center shall compare DNA samples taken from unidentified human remains with DNA samples taken from personal articles belonging to high-risk missing persons or from parents of high-risk missing persons or other appropriate persons. Transferr…

Art. 63.055. STANDARDS COLLECTION; STORAGE. In consultation with the center, the board by rule shall develop standards and guidelines for the collection of DNA samples submitted to the center and the center's storage of DNA samples. Transferred from Education Code, Subchapter I, …

Art. 63.056. COLLECTION OF SAMPLES FROM UNIDENTIFIED HUMAN REMAINS. Text of subsection effective until April 01, 2027 (a) A physician acting on the request of a justice of the peace under Subchapter A, Chapter 49, a county coroner, a county medical examiner, or other law enforcem…

Art. 63.057. DUTY OF LAW ENFORCEMENT AGENCY TO NOTIFY APPROPRIATE PERSONS REGARDING PROVISION OF VOLUNTARY SAMPLE. Not later than the 30th day after the date a report of a high-risk missing person is filed, the law enforcement agency shall inform a parent or any other person cons…

Art. 63.058. RELEASE FORM. (a) The center shall develop a standard release form that authorizes a parent or other appropriate person to voluntarily provide under Article 63.057 a DNA sample or a personal article for purposes of DNA sampling. The release must explain that the DNA …

Art. 63.059. PROTOCOL FOR OBTAINING SAMPLES RELATING TO HIGH-RISK MISSING PERSONS. (a) The law enforcement agency shall take DNA samples from parents or other appropriate persons under Article 63.057 in any manner prescribed by the center. (b) The center shall develop a model kit…

Art. 63.060. SUBMISSION OF SAMPLE TO CENTER. (a) Before submitting to the center a DNA sample obtained under Article 63.057, the law enforcement agency shall reverify the status of a high-risk missing person. (b) As soon as practicable after a DNA sample is obtained, the law enfo…

Art. 63.061. DESTRUCTION OF SAMPLES. All DNA samples extracted from a living person shall be destroyed after a positive identification is made and a report is issued. Transferred from Education Code, Subchapter I, Chapter 105 by Acts 2005, 79th Leg., Ch. 319 (S.B. 651), Sec. 2, e…

Art. 63.062. CONFIDENTIALITY. (a) Except as provided by Subsection (b), the results of a forensic DNA analysis performed by the center are confidential. (b) The center may disclose the results of a forensic DNA analysis only to: (1) personnel of the center; (2) law enforcement ag…

Art. 63.063. CRIMINAL PENALTY. (a) A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter commits an offense if the person intentionally violates Article 63.061 or 63.062. (b) An offense under this section is …

Art. 63.064. CIVIL PENALTY. A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter and who intentionally violates Article 63.061 or 63.062 is liable in civil damages to the donor of the DNA in the amount of $5…

Art. 63.065. MISSING PERSONS DNA DATABASE FUND. (a) The missing persons DNA database fund is a separate account in the general revenue fund. (b) Notwithstanding Article 56B.453(a), the legislature may appropriate money in the compensation to victims of crime fund and the compensa…

Art. 63.066. BACKLOG OF UNIDENTIFIED HUMAN REMAINS: ADVISORY COMMITTEE AND OUTSOURCING. (a) The center shall create an advisory committee, consisting of medical examiners, law enforcement officials, and other interested persons as determined appropriate by the center, to impose p…

Art. 64.01. MOTION. (a) In this section, "biological material": (1) means an item that is in possession of the state and that contains blood, semen, hair, saliva, skin tissue or cells, fingernail scrapings, bone, bodily fluids, or other identifiable biological evidence that may b…

Art. 64.011. GUARDIANS AND OTHER REPRESENTATIVES. (a) In this chapter, "guardian of a convicted person" means a person who is the legal guardian of the convicted person, whether the legal relationship between the guardian and convicted person exists because of the age of the conv…

Art. 64.02. NOTICE TO STATE; RESPONSE. (a) On receipt of the motion, the convicting court shall: (1) provide the attorney representing the state with a copy of the motion; and (2) require the attorney representing the state to take one of the following actions in response to the …

Art. 64.03. REQUIREMENTS; TESTING. (a) A convicting court may order forensic DNA testing under this chapter only if: (1) the court finds that: (A) the evidence: (i) still exists and is in a condition making DNA testing possible; and (ii) has been subjected to a chain of custody s…

Art. 64.035. UNIDENTIFIED DNA PROFILES. If an analyzed sample meets the applicable requirements of state or federal submission policies, on completion of the testing under Article 64.03, the convicting court shall order any unidentified DNA profile to be compared with the DNA pro…

Art. 64.04. FINDING. After examining the results of testing under Article 64.03 and any comparison of a DNA profile under Article 64.035, the convicting court shall hold a hearing and make a finding as to whether, had the results been available during the trial of the offense, it…

Art. 64.05. APPEALS. An appeal under this chapter is to a court of appeals in the same manner as an appeal of any other criminal matter, except that if the convicted person was convicted in a capital case and was sentenced to death, the appeal is a direct appeal to the court of c…

Art. 65.001. DEFINITIONS. In this chapter: (1) "Authority for campus security" means the authority with primary law enforcement jurisdiction over property under the control of a public or private institution of higher education. (2) "Centralized registration authority" means a ma…

Art. 65.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a reportable conviction or adjudication occurring on or after January 1, 2024. (b) Except as provided by Subsection (c), the duties imposed on a person required to register under this chapter on the basis of …

Art. 65.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR ELEMENTS OF OFFENSE. (a) For purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state or a foreign country, federal law, or the Uniform Code of Military Ju…

Art. 65.004. DETERMINATION REGARDING PRIMARY REGISTRATION AUTHORITY. (a) Except as provided by Subsection (b), for each person subject to registration under this chapter, the department shall determine which local law enforcement authority serves as the person's registration auth…

Art. 65.005. CENTRALIZED REGISTRATION AUTHORITY. (a) The commissioners court of a county may designate the office of the sheriff or the office of a chief of police to serve as a centralized registration authority. (b) A person subject to this chapter is required to perform the re…

Art. 65.006. CENTRAL DATABASE. (a) The department shall maintain a computerized central database containing the information required for registration under this chapter. (b) Except as provided by Subsections (d), (e), (g), (h), and (i), the information contained in the database i…

Art. 65.007. INFORMATION PROVIDED ON REQUEST OF LAW ENFORCEMENT PERSONNEL OR PROSECUTOR; ALERT. (a) The department shall establish a procedure by which a peace officer, criminal justice official, or employee of a law enforcement agency who provides the department with a driver's …

Art. 65.008. GENERAL IMMUNITY. The following persons are immune from liability for good faith conduct under this chapter: (1) a criminal justice official; (2) an employee or officer of the department, the Texas Department of Criminal Justice, the Texas Juvenile Justice Department…

Art. 65.009. RULEMAKING AUTHORITY. The department, the Texas Department of Criminal Justice, and the Texas Juvenile Justice Department may adopt any rule necessary to implement this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1, 2023.…

Art. 65.051. REGISTRATION: GENERAL. (a) A person who is required to register under this chapter as a condition of parole, release to mandatory supervision, or community supervision shall register or, if the person is a person for whom registration is completed under this chapter,…

Art. 65.052. REGISTRATION: EXTRAJURISDICTIONAL REGISTRANTS. (a) An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 65.056. (b) The duty to register for an extrajurisdictional registrant expires on the date the person's dut…

Art. 65.053. PRERELEASE NOTIFICATION. (a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, an official of the penal institution shall: (1) inform the person that: (A) not later than the seventh day after the da…

Art. 65.054. CHANGE OF ADDRESS; LACK OF ADDRESS. (a) If a person required to register under this chapter intends to change address, the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority designated as t…

Art. 65.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL LAW ENFORCEMENT AUTHORITY. (a) If the officer supervising a person subject to registration under this chapter receives information to the effect that the person's status has changed in any manner that affects proper super…

Art. 65.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION INFORMATION. (a) A person subject to registration under this chapter who has, with respect to an offense described by Article 65.001(10), been convicted two or more times, received an order of deferred adjudication two or …

Art. 65.057. REGISTRATION OF PERSONS REGULARLY VISITING LOCATION. (a) A person subject to this chapter who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county in this state, other than the municipality or county in which …

Art. 65.058. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to registration under this chapter shall apply to the department in person for the issuance of an original or renewal driver's license under Section 521.272, Transp…

Art. 65.059. DNA SPECIMEN. A person required to register under this chapter shall comply with a request for a DNA specimen made by a law enforcement agency under Section 411.1473, Government Code. Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. September 1,…

Art. 65.060. PROHIBITED LOCATION OF RESIDENCE. A person subject to registration under this chapter may not reside on the campus of an institution of higher education unless the institution approves the person to reside on the institution's campus. Added by Acts 2023, 88th Leg., R…

Art. 65.101. EXPIRATION OF DUTY TO REGISTER. The duty to register for a person ends when a judge in a court of competent jurisdiction determines that the person no longer represents a threat to public safety. Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 1, eff. …

Art. 65.102. FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS. (a) A person commits an offense if the person is required to register and intentionally or knowingly fails to comply with any requirement of this chapter. (b) Except as provided by Subsection (c), an offense under thi…

Art. 65.151. REMOVING REGISTRATION INFORMATION WHEN DUTY TO REGISTER EXPIRES. (a) When a person is no longer required to register as a terrorist offender under this chapter, the department shall remove all information about the person from the terrorist offender registry. (b) The…

Art. 66.001. DEFINITIONS. In this chapter: (1) "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of an offender. The term includes crimina…