By Van de Putte H.B. No. 2381 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the requirement of DNA analysis of certain inmates and 1-3 the creation of a DNA data base and of the Forensic Science Review 1-4 Committee within the Department of Public Safety; providing 1-5 penalties. 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) For the purposes of establishing a data base 1-23 of DNA identification records, the institutional division of the 2-1 Texas Department of Criminal Justice shall obtain a blood specimen 2-2 from each inmate who is serving a sentence or subject to the 2-3 disposition of court supervision for: 2-4 (1) a sexual assault, as defined by Section 22.011, 2-5 Penal Code; 2-6 (2) aggravated sexual assault, as defined by Section 2-7 22.021, Penal Code; 2-8 (3) indecency with a child, as defined by Section 2-9 21.11, Penal Code; or 2-10 (4) incest, as defined by Section 25.02. 2-11 (b) DNA records shall be directly related to the 2-12 identification of individuals as defined by Art. 61.02 of this 2-13 Chapter. 2-14 (c) The Texas Department of Criminal Justice shall provide 2-15 all equipment and instructions necessary for the collection of 2-16 blood samples. The collection of samples shall be performed in a 2-17 medically approved manner. Only a physician authorized to practice 2-18 medicine, a registered nurse, or other qualified person approved by 2-19 the Department of Health may withdraw blood for the purposes of 2-20 this Act. The Department of Criminal Justice shall preserve each 2-21 specimen taken under this article and maintain a record of the 2-22 taking of the specimen. 2-23 (d) The institutional division of the Texas Department of 2-24 Criminal Justice shall take a DNA blood sample from each inmate 2-25 convicted of an offense listed in Article 61.02 of this chapter, 3-1 who is in the custody of the division on or after April 1, 1994, no 3-2 later than the 30th day after admission. 3-3 (e) The institutional division of the Texas Department of 3-4 Criminal Justice shall take a DNA blood sample from each inmate 3-5 convicted of an offense listed in Article 61.02 of this chapter, 3-6 who is in the custody of the division before April 1, 1994, prior 3-7 to their release. 3-8 (f) The Department of Criminal Justice shall charge inmates 3-9 affected by this act to cover all associated costs with DNA record 3-10 analyses. 3-11 (g) The institutional division of the Texas Department of 3-12 Criminal Justice shall send the specimen to a DNA laboratory 3-13 approved to scientifically analyze the specimen for the purpose of 3-14 determining DNA genetic marker groupings specific to the inmate. 3-15 The institutional division shall send each inmate DNA record 3-16 received from the DNA laboratory to the Department. 3-17 (h) The Texas Board of Criminal Justice, with the assistance 3-18 of the Texas Department of Health and the department's Forensic 3-19 Science Review Committee as established by Chapter 411, Government 3-20 Code, as amended by this act, by rule shall adopt procedures to 3-21 obtain and preserve blood specimens from inmates in a manner that 3-22 permits the specimens to be scientifically analyzed by a DNA 3-23 laboratory at a later date. The rules should conform to the 3-24 greatest extent possible to the eligibility requirements for 3-25 federal grants under the Federal DNA Identification Act of 1991. 4-1 (i) The Board shall develop an objective form of DNA 4-2 analysis test (e.g., numerical representation of DNA fragment 4-3 lengths, digital image of autoradiographies, discrete allele 4-4 assignment numbers, etc.) of DNA sample to be stored as a DNA 4-5 record in the state DNA data base. 4-6 (j) The board shall approve one or more DNA laboratories 4-7 that the institutional division may use to create inmate DNA 4-8 records. 4-9 Art. 61.03. DNA DATA BASE. (a) The department shall record 4-10 DNA data and establish and maintain a computerized DNA data base 4-11 that serves as the record creation point for DNA records. 4-12 (b) The DNA data base shall provide law enforcement agencies 4-13 with an accurate DNA records depository to assist the agencies in 4-14 criminal investigations and proceedings and in identifying missing 4-15 persons and human remains recovered by the agencies. 4-16 (c) The department, with advice from the Department of 4-17 Information Resources, shall develop biennial plans to improve the 4-18 reporting and accuracy of the DNA data base and to develop and 4-19 maintain monitoring systems capable of identifying inaccurate or 4-20 incomplete information. 4-21 (d) The DNA data base to the extent possible must follow DNA 4-22 quality assurance and proficiency standards used by the Federal 4-23 Bureau of Investigation to permit the exchange and storage of DNA 4-24 records. 4-25 (e) The DNA data base must contain the following 5-1 information: 5-2 (1) a DNA record for each inmate described by Article 5-3 61.02 of this chapter; 5-4 (2) a DNA record for specimens derived from a human 5-5 body recovered from a crime scene; and 5-6 (3) a record of the requests made for DNA records 5-7 under this chapter. 5-8 (f) The DNA data base may not include criminal history 5-9 record information. 5-10 (g) The information contained in the DNA records should not 5-11 be collected or stored for the purpose of obtaining information 5-12 about physical characteristic traits or predisposition for disease 5-13 and should not serve any purpose other than to facilitate personal 5-14 identification of an offender. 5-15 (h) The DNA data base may include: 5-16 (1) A DNA record of a family member or relative of a 5-17 missing person; or 5-18 (2) a DNA record of unidentified human remains. 5-19 Art. 61.04. REQUESTS FOR DNA RECORDS. (a) The department 5-20 may release all or part of a DNA record only on written request and 5-21 only as provided by this subsection. The department may release: 5-22 (1) a DNA record to a federal, state, or local law 5-23 enforcement agency for the purpose of determining the identity of a 5-24 suspect in a criminal investigation, a missing person, or human 5-25 remains; 6-1 (2) a DNA record related to a defendant's case to the 6-2 defendant in a criminal case; 6-3 (3) a DNA analysis, to a DNA laboratory for the 6-4 purpose of supporting: 6-5 (a) the development of statistical population 6-6 frequency data bases; and 6-7 (b) identification research and protocol 6-8 development for forensic DNA analysis and quality control, only if 6-9 personal identifying information is removed; 6-10 (4) the number of requests made for a defendant's DNA 6-11 record and the name of the requesting person, agency, or entity to 6-12 a defendant in a criminal case; or 6-13 (5) a DNA record of a person who consents in writing 6-14 to the release of the record to another person, agency, or entity. 6-15 (b) The department shall maintain at the DNA data base a 6-16 file of a request made under this article. 6-17 Art. 61.05. EXPUNGEMENT OF DNA RECORDS. (a) The department 6-18 shall expunge a DNA record of a person from the DNA data base if 6-19 the person: 6-20 (1) notifies the department in writing that: 6-21 (a) a court has reversed the person's conviction 6-22 on which authority for including the person's DNA record in the DNA 6-23 data base was based; and 6-24 (b) the case against the person has been 6-25 dismissed; and 7-1 (2) provides the department with a certified copy of 7-2 the court order that reversed the conviction and dismissed the 7-3 case. 7-4 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS AND CRIMINAL 7-5 PENALTIES. (a) Except as provided by Article 61.04 of this code, 7-6 a DNA record stored in the DNA data base is confidential and is 7-7 not subject to disclosure under the open records law, Chapter 424, 7-8 Acts of the 63rd Legislature, Regular Session, 1973 (Article 7-9 6252-17a, of Vernon's Texas Civil Statutes). 7-10 (b) A person commits an offense if the person knowingly 7-11 discloses information in a DNA record except as authorized by this 7-12 chapter. An offense under this subsection is a Class A 7-13 misdemeanor. 7-14 (c) An unauthorized person commits an offense if they 7-15 willfully obtained individual identifiable DNA information from the 7-16 department's DNA data base. An offense under this subsection is a 7-17 Class A misdemeanor. 7-18 (d) A person commits an offense if the person knowingly 7-19 mislabels or tampers with a DNA record or blood specimen so as to 7-20 misidentify or change the identity of the record or blood specimen. 7-21 An offense under this subsection is a third degree felony. 7-22 SECTION 2. (a) The Texas Board of Criminal Justice shall 7-23 adopt rules required by Subsection 9(d) of Article 61.02, Code of 7-24 Criminal Procedure, as added by this Act, not later than April 1, 7-25 1994. 8-1 SECTION 3. Chapter 411, Government Code, is amended by 8-2 adding Subchapter E to read as follows: 8-3 Subchapter E. Forensic Science Review Committee 8-4 Sec. 411.051. DEFINITION. In this subchapter, "committee" 8-5 means the Forensic Science Review Committee. 8-6 Sec. 411.052. FORENSIC SCIENCE REVIEW COMMITTEE. The 8-7 Forensic Science Review Committee is created in the Department of 8-8 Public Safety. 8-9 Sec. 411.053. COMPOSITION OF COMMITTEE. The committee is 8-10 composed of the following members appointed by the governor with 8-11 the advice and consent of the senate: 8-12 (1) a representative of the Texas Department of 8-13 Criminal Justice; 8-14 (2) a representative of the department; 8-15 (3) a representative of the Texas Department of 8-16 Health, who specializes in DNA or genetic research; 8-17 (4) a representative of the Texas District and County 8-18 Attorneys Association. 8-19 (5) a medical ethics specialist; and 8-20 (6) a member of the public. 8-21 Sec. 411.054. PRESIDING OFFICER. The governor shall 8-22 designate from among the committee members a presiding officer who 8-23 serves in that capacity at the pleasure of the governor. 8-24 Sec. 411.055. COMPENSATION AND EXPENSES. A member of the 8-25 committee may not receive compensation for service performed for 9-1 the committee but is entitled to receive reimbursement for actual 9-2 or necessary expenses incurred in performing service for the 9-3 committee. 9-4 Sec. 411.056. TERM. Members of the committee serve for 9-5 staggered six-year terms with the terms of two committee members 9-6 expiring on February 1 of each odd-numbered year. 9-7 Sec. 411.057. MEETINGS. The committee shall meet at least 9-8 biannually. 9-9 Sec. 411.058. SUPPORT STAFF. The department shall provide 9-10 clerical and advisory support staff to the committee. 9-11 Sec. 411.059. GENERAL POWERS AND DUTIES OF COMMITTEE. (a) 9-12 The committee shall develop minimum standards and a program of 9-13 accreditation for forensic laboratories in this state designed to: 9-14 (1) increase the effectiveness and efficiency of 9-15 forensic laboratories in delivering services to the criminal 9-16 justice system; 9-17 (2) ensure that forensic analyses are performed in 9-18 accordance with scientifically accepted standards; and 9-19 (3) promote increased cooperation and coordination 9-20 among forensic laboratories and other agencies in the criminal 9-21 justice system. 9-22 (b) The committee shall adopt rules necessary for the 9-23 administration of this subchapter. 9-24 SECTION 4. The governor shall appoint the initial members of 9-25 the Forensic Science Review Committee created by this Act so that 10-1 two members' terms expire February 1, 1995, two members' terms 10-2 expire February 1, 1997, and two members' terms expire February 1, 10-3 1999. 10-4 SECTION 5. This Act takes effect January 1, 1994. 10-5 SECTION 6. The importance of this legislation and the 10-6 crowded condition of the calendars in both houses create an 10-7 emergency and an