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