Texas Government Code 411.141 – Definitions
Terms Used In Texas Government Code 411.141
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
In this subchapter:
(1) “CODIS” means the FBI’s Combined DNA Index System. The term includes the national DNA index system sponsored by the FBI.
(2) “Conviction” includes conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity.
(3) “Criminal justice agency” means:
(A) a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice;
(B) a secure correctional facility as defined by § 1.07, Penal Code; or
(C) a community supervision and corrections department, a parole office, or a local juvenile probation department or parole office.
(4) “DNA” means deoxyribonucleic acid.
(5) “DNA database” means one or more databases that contain forensic DNA records maintained by the director.
(6) “DNA laboratory” means a laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a department crime laboratory facility that conducts forensic DNA analysis.
(7) “DNA record” means the results of a forensic DNA analysis performed by a DNA laboratory. The term includes a DNA profile and related records, which may include a code or other identifying number referenced to a separate database to locate:
(A) the originating entity; and
(B) if known, the name and other personally identifying information concerning the individual who is the subject of the analysis.
(8) “DNA sample” means a blood sample or other biological sample or specimen provided by an individual under this subchapter or submitted to the director under this subchapter for DNA analysis or storage.
(8-a) “Elimination sample” means a blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.
(9) “FBI” means the Federal Bureau of Investigation.
(10) “Forensic analysis” has the meaning assigned by Article 38.35, Code of Criminal Procedure.
(11) “Institution of higher education” has the meaning assigned by § 61.003, Education Code.
(12) “Penal institution” has the meaning assigned by § 1.07, Penal Code.