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DNA Sample Collection

The DPS is required to provide a reasonable number of sample collection kits to criminal justice or law enforcement agencies in this state, which are required by statute to collect offender samples at no cost to those agencies. These kits are only for the purpose of collection of offender samples under this statute and not to be used for suspect sample collections in a criminal case.

The collection kit supplied by DPS shall be used to collect the appropriate sample in accordance with the kit instructions and shall include the required fingerprints.

A sample collection kit will consist of any items necessary for sample collection, including instructions and any other item designated by the Director.

Sample Collection Training
The DPS CODIS Program provides training material and workshops to agencies in Texas regarding the collection of DNA blood samples and DNA buccal swab samples.


Sample Collection Records and Retention
An agency collecting a DNA specimen from an eligible individual shall maintain a record of the collection for a period of three years from the date of collection. In addition, the DPS State CODIS Laboratory shall also maintain a DNA sample and record as required by statute and according to approved CODIS laboratory procedures.

Which DNA Sample Collection Kit to Use?
An individual is eligible for providing DNA blood samples if he or she:

An individual is eligible for providing a DNA buccal swab sample if he or she:

  1. Arrested for one or more of the following (after having been previously convicted of or placed on deferred adjudication for one or more of the offenses described below):
    1. Aggravated kidnapping with intent to cause bodily injury or violate or abuse sexually;
    2. Indecency with child;
    3. Sexual assault;
    4. Aggravated sexual assault;
    5. Prohibited sexual conduct or ‘incest’;
    6. Burglary of a habitation committing or with intent to commit a non-theft felony (1st degree);
    7. Compelling prostitution;
    8. Sexual performance by child;
    9. Possession or promotion of child pornography
    10. Continuous sexual abuse of a child; or
    11. Continuous trafficking of persons.
  2. Indicted for one or more of the following (or charged by information after waving indictment)
    **A copy of the court order must be submitted with the collection kit.**
    1. Aggravated kidnapping with intent to cause bodily injury or violate or abuse sexually;
    2. Indecency with child;
    3. Sexual assault;
    4. Aggravated sexual assault;
    5. Prohibited sexual conduct or 'incest';
    6. Burglary of a habitation committing or with intent to commit a non-theft felony (1st degree);
    7. Compelling prostitution;
    8. Sexual performance by child; or
    9. Possession or promotion of child pornography
    10. Continuous sexual abuse of a child; or
    11. Continuous trafficking of persons.
  3. Convicted of any felony on or after September 1, 2009, as a condition of supervision; not to include deferred adjudications. **If a subject is granted deferred adjudication but court ordered to provide a DNA sample, you must submit a copy of the court order or subject’s supervision conditions with the collection kit.**
  4. Convicted of one of the following, whether granted community supervision or not:
    1. Public lewdness;
    2. Indecent exposure;
    3. Terroristic Threat;
    4. Enticing a Child;
    5. Promotion of Prostitution; or
    6. Sale, Distribution, or Display of Harmful Material to a Minor.

    7. **For above offenses 3-6, collection is only required if the offense was committed after September 1, 2015.

  5. Additional situations:
    1. As a condition of release on bail or bond **A copy of the court order must be submitted with the collection kit.**
    2. Required to register as a sex offender;
    3. Voluntary Samples

Who Can Collect the Sample?
A criminal justice or law enforcement agency or DNA laboratory shall not collect—and the Director shall not accept—a blood sample or other specimen taken from a living person, whether submitted voluntarily or as required by law, unless: