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