Because the convicted offender CODIS sample and its analysis are intended only to be used as an investigative lead, if possible a second DNA sample must be obtained from a suspect in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the prosecution of a case.

Source Note: The provisions of this §28.107 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6942