By: Madla S.B. No. 940
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement of DNA analysis of certain inmates and
1-2 the creation of a DNA data base and of the Forensic Science Review
1-3 Committee within the Department of Public Safety; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-7 by adding Chapter 61 to read as follows:
1-8 CHAPTER 61. DNA DATA BASE SYSTEM
1-9 Art. 61.01. DEFINITIONS. In this chapter:
1-10 (1) "Department" means the Department of Public
1-11 Safety.
1-12 (2) "DNA" means deoxyribonucleic acid.
1-13 (3) "DNA data base" means the data base that contains
1-14 DNA records maintained by the department.
1-15 (4) "DNA laboratory" means a laboratory that performs
1-16 DNA analysis on specimens derived from a human body.
1-17 (5) "DNA record" means the results of a DNA analysis
1-18 performed by a DNA laboratory and, if known, the name of the person
1-19 who is the subject of the DNA analysis.
1-20 Art. 61.02. OBTAINING AND PRESERVING BLOOD SPECIMENS FOR
1-21 INVESTIGATION. (a) For the purposes of establishing a data base
1-22 of DNA identification records, the institutional division of the
1-23 Texas Department of Criminal Justice shall obtain a blood specimen
2-1 from each inmate who is serving a sentence or subject to the
2-2 disposition of court supervision for:
2-3 (1) a sexual assault, as defined by Section 22.011,
2-4 Penal Code;
2-5 (2) aggravated sexual assault, as defined by Section
2-6 22.021, Penal Code;
2-7 (3) indecency with a child, as defined by Section
2-8 21.11, Penal Code; or
2-9 (4) incest, as defined by Section 25.02.
2-10 (b) DNA records shall be directly related to the
2-11 identification of individuals as defined by Art. 61.02 of this
2-12 Chapter.
2-13 (c) The Texas Department of Criminal Justice shall provide
2-14 all equipment and instructions necessary for the collection of
2-15 blood samples. The collection of samples shall be performed in a
2-16 medically approved manner. Only a physician authorized to practice
2-17 medicine, a registered nurse, or other qualified person approved by
2-18 the Department of Health may withdraw blood for the purposes of
2-19 this Act. The Department of Criminal Justice shall preserve each
2-20 specimen taken under this article and maintain a record of the
2-21 taking of the specimen.
2-22 (d) The institutional division of the Texas Department of
2-23 Criminal Justice shall take a DNA blood sample from each inmate
2-24 convicted of an offense listed in Article 61.02 of this chapter,
2-25 who is in the custody of the division on or after April 1, 1994, no
3-1 later than the 30th day after admission.
3-2 (e) The institutional division of the Texas Department of
3-3 Criminal Justice shall take a DNA blood sample from each inmate
3-4 convicted of an offense listed in Article 61.02 of this chapter,
3-5 who is in the custody of the division before April 1, 1994, prior
3-6 to their release.
3-7 (f) The Department of Criminal Justice shall charge inmates
3-8 affected by this act to cover all associated costs with DNA record
3-9 analysis.
3-10 (g) The institutional division of the Texas Department of
3-11 Criminal Justice shall send the specimen to a DNA laboratory
3-12 approved to scientifically analyze the specimen for the purpose of
3-13 determining DNA genetic marker groupings specific to the inmate.
3-14 The institutional division shall send each inmate DNA record
3-15 received from the DNA laboratory to the Department.
3-16 (h) The Texas Board of Criminal Justice, with the assistance
3-17 of the Texas Department of Health and the department's Forensic
3-18 Science Review Committee as established by Chapter 411, Government
3-19 Code, as amended by this act, by rule shall adopt procedures to
3-20 obtain and preserve blood specimens from inmates in a manner that
3-21 permits the specimens to be scientifically analyzed by a DNA
3-22 laboratory at a later date. The rules should conform to the
3-23 greatest extent possible to the eligibility requirements for
3-24 federal grants under the Federal DNA Identification Act of 1991.
3-25 (i) The Board shall develop an objective form of DNA
4-1 analysis test (e.g., numerical representation of DNA fragment
4-2 lengths, digital image of autoradiographies, discrete allele
4-3 assignment numbers, etc.) of DNA sample to be stored as a DNA
4-4 record in the state DNA data base.
4-5 (j) The board shall approve one or more DNA laboratories
4-6 that the institutional division may use to create inmate DNA
4-7 records.
4-8 Art. 61.03. DNA DATA BASE. (a) The department shall record
4-9 DNA data and establish and maintain a computerized DNA data base
4-10 that serves as the record creation point for DNA records.
4-11 (b) The DNA data base shall provide law enforcement agencies
4-12 with an accurate DNA records depository to assist the agencies in
4-13 criminal investigations and proceedings and in identifying missing
4-14 persons and human remains recovered by the agencies.
4-15 (c) The department, with advice from the Department of
4-16 Information Resources, shall develop biennial plans to improve the
4-17 reporting and accuracy of the DNA data base and to develop and
4-18 maintain monitoring systems capable of identifying inaccurate or
4-19 incomplete information.
4-20 (d) The DNA data base to the extent possible must follow DNA
4-21 quality assurance and proficiency standards used by the Federal
4-22 Bureau of Investigation to permit the exchange and storage of DNA
4-23 records.
4-24 (e) The DNA data base must contain the following
4-25 information:
5-1 (1) a DNA record for each inmate described by Article
5-2 61.02 of this chapter;
5-3 (2) a DNA record for specimens derived from a human
5-4 body recovered from a crime scene; and
5-5 (3) a record of the requests made for DNA records
5-6 under this chapter.
5-7 (f) The DNA data base may not include criminal history
5-8 record information.
5-9 (g) The information contained in the DNA records should not
5-10 be collected or stored for the purpose of obtaining information
5-11 about physical characteristic traits or predisposition for disease
5-12 and should not serve any purpose other than to facilitate personal
5-13 identification of an offender.
5-14 (h) The DNA data base may include:
5-15 (1) A DNA record of a family member or relative of a
5-16 missing person; or
5-17 (2) a DNA record of unidentified human remains.
5-18 Art. 61.04. REQUESTS FOR DNA RECORDS. (a) The department
5-19 may release all or part of a DNA record only on written request and
5-20 only as provided by this subsection. The department may release:
5-21 (1) a DNA record to a federal, state, or local law
5-22 enforcement agency for the purpose of determining the identity of a
5-23 suspect in a criminal investigation, a missing person, or human
5-24 remains;
5-25 (2) a DNA record related to a defendant's case to the
6-1 defendant in a criminal case;
6-2 (3) a DNA analysis, to a DNA laboratory for the
6-3 purpose of supporting:
6-4 (a) the development of statistical population frequency data
6-5 bases; and
6-6 (b) identification research and protocol development for
6-7 forensic DNA analysis and quality control, only if personal
6-8 identifying information is removed;
6-9 (4) the number of requests made for a defendant's DNA
6-10 record and the name of the requesting person, agency, or entity to
6-11 a defendant in a criminal case; or
6-12 (5) a DNA record of a person who consents in writing
6-13 to the release of the record to another person, agency, or entity.
6-14 (b) The department shall maintain at the DNA data base a
6-15 file of a request made under this article.
6-16 Art. 61.05. EXPUNGEMENT OF DNA RECORDS. (a) The department
6-17 shall expunge a DNA record of a person from the DNA data base if
6-18 the person:
6-19 (1) notifies the department in writing that:
6-20 (a) a court has reversed the person's conviction on which
6-21 authority for including the person's DNA record in the DNA data
6-22 base was based; and
6-23 (b) the case against the person has been dismissed; and
6-24 (2) provides the department with a certified copy of
6-25 the court order that reversed the conviction and dismissed the
7-1 case.
7-2 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS AND CRIMINAL
7-3 PENALTIES. (a) Except as provided by Article 61.04 of this code,
7-4 a DNA record stored in the DNA data base is confidential and is
7-5 not subject to disclosure under the open records law, Chapter 424,
7-6 Acts of the 63rd Legislature, Regular Session, 1973 (Article
7-7 6252-17a, of Vernon's Texas Civil Statutes).
7-8 (b) A person commits an offense if the person knowingly
7-9 discloses information in a DNA record except as authorized by this
7-10 chapter. An offense under this subsection is a Class A
7-11 misdemeanor.
7-12 (c) An unauthorized person commits an offense if they
7-13 willfully obtained individual identifiable DNA information from the
7-14 department's DNA data base. An offense under this subsection is a
7-15 Class A misdemeanor.
7-16 (d) A person commits an offense if the person knowingly
7-17 mislabels or tampers with a DNA record or blood specimen so as to
7-18 misidentify or change the identity of the record or blood specimen.
7-19 An offense under this subsection is a third degree felony.
7-20 SECTION 2. (a) The Texas Board of Criminal Justice shall
7-21 adopt rules required by Subsection 9(d) of Article 61.02, Code of
7-22 Criminal Procedure, as added by this Act, not later than April 1,
7-23 1994.
7-24 SECTION 3. Chapter 411, Government Code, is amended by
7-25 adding Subchapter E to read as follows:
8-1 Subchapter E. Forensic Science Review Committee
8-2 Sec. 411.051. DEFINITION. In this subchapter, "committee"
8-3 means the Forensic Science Review Committee.
8-4 Sec. 411.052. FORENSIC SCIENCE REVIEW COMMITTEE. The
8-5 Forensic Science Review Committee is created in the Department of
8-6 Public Safety.
8-7 Sec. 411.053. COMPOSITION OF COMMITTEE. The committee is
8-8 composed of the following members appointed by the governor with
8-9 the advice and consent of the senate:
8-10 (1) a representative of the Texas Department of
8-11 Criminal Justice;
8-12 (2) a representative of the department;
8-13 (3) a representative of the Texas Department of
8-14 Health, who specializes in DNA or genetic research;
8-15 (4) a representative of the Texas District and County
8-16 Attorneys Association.
8-17 (5) a medical ethics specialist; and
8-18 (6) a member of the public.
8-19 Sec. 411.054. PRESIDING OFFICER. The governor shall
8-20 designate from among the committee members a presiding officer who
8-21 serves in that capacity at the pleasure of the governor.
8-22 Sec. 411.055. COMPENSATION AND EXPENSES. A member of the
8-23 committee may not receive compensation for service performed for
8-24 the committee but is entitled to receive reimbursement for actual
8-25 or necessary expenses incurred in performing service for the
9-1 committee.
9-2 Sec. 411.056. TERM. Members of the committee serve for
9-3 staggered six-year terms with the terms of two committee members
9-4 expiring on February 1 of each odd-numbered year.
9-5 Sec. 411.057. MEETINGS. The committee shall meet at least
9-6 biannually.
9-7 Sec. 411.058. SUPPORT STAFF. The department shall provide
9-8 clerical and advisory support staff to the committee.
9-9 Sec. 411.059. GENERAL POWERS AND DUTIES OF COMMITTEE.
9-10 (a) The committee shall develop minimum standards and a program of
9-11 accreditation for forensic laboratories in this state designed to:
9-12 (1) increase the effectiveness and efficiency of
9-13 forensic laboratories in delivering services to the criminal
9-14 justice system;
9-15 (2) ensure that forensic analyses are performed in
9-16 accordance with scientifically accepted standards; and
9-17 (3) promote increased cooperation and coordination
9-18 among forensic laboratories and other agencies in the criminal
9-19 justice system.
9-20 (b) The committee shall adopt rules necessary for the
9-21 administration of this subchapter.
9-22 SECTION 4. The governor shall appoint the initial members of
9-23 the Forensic Science Review Committee created by this Act so that
9-24 two members' terms expire February 1, 1995, two members' terms
9-25 expire February 1, 1997, and two members' terms expire February 1,
10-1 1999.
10-2 SECTION 5. This Act takes effect January 1, 1994.
10-3 SECTION 6. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.