By: Denton H.B. No. 988
73R3243 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement of DNA analysis of certain inmates and
1-3 to the creation of a DNA data base and of the Forensic Science
1-4 Review Committee within the Department of Public Safety; providing
1-5 a penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-8 by adding Chapter 61 to read as follows:
1-9 CHAPTER 61. DNA DATA BASE SYSTEM
1-10 Art. 61.01. DEFINITIONS. In this chapter:
1-11 (1) "Department" means the Department of Public
1-12 Safety.
1-13 (2) "DNA" means deoxyribonucleic acid.
1-14 (3) "DNA data base" means the data base that contains
1-15 DNA records maintained by the department.
1-16 (4) "DNA laboratory" means a laboratory that performs
1-17 DNA analysis on specimens derived from a human body.
1-18 (5) "DNA record" means the results of a DNA analysis
1-19 performed by a DNA laboratory and, if known, the name of the person
1-20 who is the subject of the DNA analysis.
1-21 Art. 61.02. OBTAINING AND PRESERVING BLOOD SPECIMENS FOR
1-22 INVESTIGATION. (a) The institutional division of the Texas
1-23 Department of Criminal Justice shall obtain a blood specimen from
1-24 each inmate who is serving a sentence for an offense under Title 5,
2-1 Penal Code, not later than the 30th day after the date on which the
2-2 inmate is transferred to the custody of the division.
2-3 (b) The institutional division shall preserve each specimen
2-4 taken under this article and maintain a record of the taking of the
2-5 specimen.
2-6 (c) The institutional division shall send the specimen to a
2-7 DNA laboratory approved by the Texas Board of Criminal Justice to
2-8 be scientifically analyzed for the purpose of determining
2-9 identification characteristics specific to the inmate. The
2-10 institutional division shall send each item of DNA data received
2-11 from the DNA laboratory to the department.
2-12 (d) The Texas Board of Criminal Justice, with the assistance
2-13 of the Texas Department of Health, by rule shall develop procedures
2-14 to obtain blood specimens from inmates and preserve the specimens
2-15 in a manner that permits the specimens to be scientifically
2-16 analyzed by a DNA laboratory at a later date. The rules must
2-17 specify the manner in which the institutional division must obtain
2-18 and preserve the blood specimens. The board by rule shall approve
2-19 one or more DNA laboratories that may be used by the institutional
2-20 division.
2-21 Art. 61.03. DNA DATA BASE. (a) The department shall record
2-22 DNA data and establish and maintain a computerized DNA data base
2-23 that serves as the record creation point for DNA records.
2-24 (b) The DNA data base shall provide law enforcement agencies
2-25 with an accurate DNA records depository to assist the agencies in
2-26 criminal investigations and proceedings and in identifying missing
2-27 persons and human remains recovered by the agencies.
3-1 (c) The department, with advice from the Department of
3-2 Information Resources, shall develop biennial plans to improve the
3-3 reporting and accuracy of the DNA data base and to develop and
3-4 maintain monitoring systems capable of identifying inaccurate or
3-5 incomplete information.
3-6 (d) The DNA data base must be compatible with the system of
3-7 DNA identification used by the Federal Bureau of Investigation to
3-8 the extent necessary to permit the exchange and storage of DNA
3-9 records.
3-10 (e) The DNA data base must contain the following
3-11 information:
3-12 (1) a DNA record for each inmate described by Article
3-13 61.02 of this code;
3-14 (2) a DNA record for specimens derived from a human
3-15 body recovered from a crime scene; and
3-16 (3) a record of the requests made for DNA records
3-17 under this chapter.
3-18 (f) The DNA data base may not include criminal history
3-19 record information.
3-20 (g) The DNA data base may include:
3-21 (1) a DNA record of a family member or relative of a
3-22 missing person; or
3-23 (2) a DNA record of unidentified human remains.
3-24 Art. 61.04. REQUESTS FOR DNA RECORDS. (a) The department
3-25 may release all or part of a DNA record only on written request and
3-26 only as provided by this subsection. The department may release:
3-27 (1) a DNA record to a federal, state, or local law
4-1 enforcement agency for the purpose of determining the identity of a
4-2 suspect in a criminal investigation, a missing person, or human
4-3 remains;
4-4 (2) a DNA record related to a defendant's case to the
4-5 defendant in a criminal case;
4-6 (3) a DNA analysis, without the name of the person who
4-7 is the subject of the DNA analysis, to a DNA laboratory for the
4-8 purpose of supporting:
4-9 (A) the development of statistical population
4-10 frequency data bases; and
4-11 (B) identification research and protocol
4-12 development for forensic DNA analysis and quality control;
4-13 (4) the number of requests made for a defendant's DNA
4-14 record and the name of the requesting person, agency, or entity to
4-15 the defendant in a criminal case; or
4-16 (5) a DNA record of a person who consents in writing
4-17 to the release of the record to another person, agency, or entity.
4-18 (b) The department shall maintain at the DNA data base a
4-19 file of a request made under this article.
4-20 (c) The Public Safety Commission by rule shall develop
4-21 procedures relating to the release of DNA records or analysis from
4-22 the DNA data base.
4-23 Art. 61.05. EXPUNGEMENT OF DNA RECORDS. The department
4-24 shall expunge a DNA record of a person from the DNA data base if
4-25 the person:
4-26 (1) notifies the department in writing that:
4-27 (A) a court has reversed the person's conviction
5-1 on which authority for including the person's DNA record in the DNA
5-2 data base was based; and
5-3 (B) the case against the person has been
5-4 dismissed; and
5-5 (2) provides the department with a certified copy of
5-6 the court order that reversed the conviction and dismissed the
5-7 case.
5-8 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS; CRIMINAL
5-9 PENALTY. (a) Except as provided by Article 61.04 of this code, a
5-10 DNA record stored in the DNA data base is confidential and is not
5-11 subject to disclosure under the open records law, Chapter 424, Acts
5-12 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
5-13 Vernon's Texas Civil Statutes).
5-14 (b) A person commits an offense if the person knowingly
5-15 discloses information in a DNA record except as authorized by this
5-16 chapter. An offense under this subsection is a Class A
5-17 misdemeanor.
5-18 SECTION 2. Chapter 411, Government Code, is amended by
5-19 adding Subchapter E to read as follows:
5-20 SUBCHAPTER E. FORENSIC SCIENCE REVIEW COMMITTEE
5-21 Sec. 411.051. DEFINITION. In this subchapter, "committee"
5-22 means the Forensic Science Review Committee.
5-23 Sec. 411.052. FORENSIC SCIENCE REVIEW COMMITTEE. The
5-24 Forensic Science Review Committee is created in the department.
5-25 Sec. 411.053. COMPOSITION OF COMMITTEE. The committee is
5-26 composed of the following members appointed by the governor with
5-27 the advice and consent of the senate:
6-1 (1) two representatives of the Texas Department of
6-2 Criminal Justice;
6-3 (2) two representatives of the department;
6-4 (3) a representative of the Texas Department of
6-5 Health; and
6-6 (4) a representative of the Texas District and County
6-7 Attorneys Association.
6-8 Sec. 411.054. PRESIDING OFFICER. The governor shall
6-9 designate from among the committee members a presiding officer who
6-10 serves in that capacity at the pleasure of the governor.
6-11 Sec. 411.055. COMPENSATION AND EXPENSES. A member of the
6-12 committee may not receive compensation for service performed for
6-13 the committee but is entitled to receive reimbursement for actual
6-14 or necessary expenses incurred in performing service for the
6-15 committee.
6-16 Sec. 411.056. TERM. Members of the committee serve for
6-17 staggered six-year terms with the terms of two members expiring on
6-18 February 1 of each odd-numbered year.
6-19 Sec. 411.057. MEETINGS. The committee shall meet at least
6-20 quarterly.
6-21 Sec. 411.058. SUPPORT STAFF. The department shall provide
6-22 clerical and advisory support staff to the committee.
6-23 Sec. 411.059. GENERAL POWERS AND DUTIES OF COMMITTEE. (a)
6-24 The committee shall develop, with the assistance of the commission,
6-25 minimum standards and a program of accreditation for forensic
6-26 laboratories in this state designed to:
6-27 (1) increase the effectiveness and efficiency of
7-1 forensic laboratories in delivering services to the criminal
7-2 justice system;
7-3 (2) ensure that forensic analyses are performed in
7-4 accordance with scientifically accepted standards; and
7-5 (3) promote increased cooperation and coordination
7-6 among forensic laboratories and other agencies in the criminal
7-7 justice system.
7-8 (b) The committee shall adopt rules necessary for the
7-9 administration of this subchapter.
7-10 SECTION 3. The governor shall appoint the initial members of
7-11 the Forensic Science Review Committee created by this Act so that
7-12 two members' terms expire February 1, 1995, two members' terms
7-13 expire February 1, 1997, and two members' terms expire February 1,
7-14 1999.
7-15 SECTION 4. (a) The Texas Board of Criminal Justice shall
7-16 adopt rules required by Subsection (d) of Article 61.02, Code of
7-17 Criminal Procedure, as added by this Act, not later than April 1,
7-18 1994.
7-19 (b) The requirement that the institutional division of the
7-20 Texas Department of Criminal Justice take a specimen of blood from
7-21 each inmate described by Subsection (a) of Article 61.02, Code of
7-22 Criminal Procedure, as added by this Act, not later than the 30th
7-23 day after the date that the inmate is transferred to the custody of
7-24 the division applies only to each inmate transferred to the custody
7-25 of the division on or after April 1, 1994. The division shall take
7-26 a specimen of blood from each inmate who is in the custody of the
7-27 division on March 31, 1994, not later than September 1, 1994.
8-1 SECTION 5. This Act takes effect January 1, 1994.
8-2 SECTION 6. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended.