74(R) SB 874 Senate Committee Report

BILL ANALYSIS

C.S.S.B. 874
By: Madla
Criminal Justice
4-12-95
Committee Report (Substituted)
BACKGROUND

Scientific advances in genetic research and in the area of
deoxyribonucleic acid (DNA) enable testing for a rapidly growing
number of genetic conditions. DNA markers, also known as DNA
fingerprinting, are being used to establish an individual's
identity. State-based DNA databanks have already been established
in 20 states.

PURPOSE

As proposed, C.S.S.B. 874 establishes a databank of DNA records at
the Department of Public Safety and provides the process and
criteria for establishing the databank.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Criminal Justice in SECTION 1 (Articles
61.03(g) and (h), Code of Criminal Procedure) the Texas Department
of Health in SECTION 1 (Articles 61.02(j) and 61.03(g) and (h),
Code of Criminal Procedure), and to the Public Safety Commission
under SECTION 1 (Articles 61.02(j) and (k), 61.03(g), 61.04(d),
Code of Criminal Procedure) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 1, Code of Criminal Procedure, by adding
Chapter 61, as follows:

CHAPTER 61. DNA DATABASE SYSTEM
Art. 61.01. DEFINITIONS. Defines "community supervision and
corrections department" "criminal justice agency,"
"department," "DNA," "DNA analysis," "DNA database," "DNA
laboratory," "DNA record," and "institutional division."

Art. 61.02. DNA DATABASE. (a) Requires the Department of
Public Safety (DPS) to record DNA data and establish and
maintain a computerized DNA database that serves as the record
creation point for DNA records.

(b) Requires the database to provide criminal justice
agencies with an accurate DNA records depository to assist
the agencies in criminal investigations and proceedings and
in identifying missing persons and human remains recovered
by the agencies.

(d) Requires the DPS, with advice from the Department of
Information Resources, to develop biennial plans to improve
the reporting and accuracy of the database and to develop
and maintain monitoring systems capable of identifying
inaccurate or incomplete information.

(e) Requires the DPS to establish standards for DNA
analysis by the DNA laboratory (lab) that meet or exceed the
current standards for quality assurance and proficiency
testing for forensic DNA analysis issued by the Federal
Bureau of Investigation. Authorizes the database to contain
only DNA records of DNA analysis performed according to the
standards adopted by DPS.

(f) Sets forth the required contents of the database.

(g) Prohibits the database from including criminal history
record information.

(h) Authorizes the database to include a DNA record of a
family member or relative of a missing person, and a record
of unidentified human remains.

(i) Prohibits a record from being collected or stored to
obtain information about physical characteristic traits or
predisposition for disease and from being used for any
purpose other than to facilitate personal identification of
an offender or a missing or deceased person.

(j) Requires the Public Safety Commission, with the
assistance of the Texas Department of Health, by rule, to
adopt procedures for the collection and preservation of a
specimen and the shipment of the specimen to the lab for
analysis and creation of a DNA record under Subsection
(f)(2) or (h).

(k) Requires PSC, by rule, to approve an objective form of
DNA analysis test for a specimen submitted to the lab for
analysis.

Art. 61.03. OBTAINING AND PRESERVING CERTAIN BLOOD SAMPLES
FOR INVESTIGATION. (a) Requires the institutional division
(division) of the Department of Criminal Justice (TDCJ) to
obtain for inclusion in the DNA database a blood sample from
each inmate who is serving a sentence for an offense under
certain sections of the Penal Code.

(b) Requires the division to take the blood sample from
each inmate within a specified period.

(c) Requires the community supervision and corrections
department (department) supervising a defendant placed on
community supervision and required to provide a blood sample
to collect a blood sample from the defendant.

(d) Requires TDCJ to provide all equipment necessary for
the collection and preservation of blood samples under this
article. Authorizes the division to contract with a
qualified person to withdraw blood samples and sets forth a
list of qualified persons.

(e) Requires the division or department to preserve each
blood sample taken under this article until the sample is
sent to a lab and maintain a record of the taking of the
blood sample.

(f) Requires the division or department to send the sample
to a DNA lab for analysis. Requires the lab to create a
record from each sample received under this subsection.

(g) Requires the Texas Board of Criminal Justice (board),
PSC, and Texas Department of Health, by rule, to adopt
procedures for the collection and preservation of samples
under this article in a medically approved manner that
permits the sample to be scientifically analyzed by a DNA
lab at a later date and the shipment of samples to the lab.

(h) Requires the board, by rule, to set a fee to be charged
to inmates and defendants required to provide a blood
sample. Sets forth the provisions of collection and cost of
the fees.

Art. 61.04. REQUESTS FOR DNA RECORDS. (a) Authorizes DPS to
release a DNA sample, analysis or record under certain
conditions.

(b) Authorizes DPS to require a criminal justice agency to
provide the identity of any suspects in a criminal
investigation when requesting the comparison of DNA records
of a specific crime specimen.

(d) Requires PSC, by rule, to develop procedures relating
to the release of DNA samples, analyses, or records from the
lab or the database.

Art. 61.05. EXPUNCTION OF DNA RECORDS. Sets forth the
criteria for which DPS is required to expunge a DNA record of
a person from the database.

Art. 61.06. CONFIDENTIALITY OF DNA RECORDS; CRIMINAL
PENALTIES. (a) Provides that a DNA record stored in the
database is confidential and is not subject to disclosure
under Chapter 522, Government Code (open records law).

(b) Provides that a person commits a Class A misdemeanor if
the person knowingly discloses information in a DNA record
except as authorized by this chapter.

(c) Provides that a person commits a Class A misdemeanor if
the person intentionally obtains DNA information that
identifies an individual from the database and the person is
not authorized by DPS to obtain the information.

(d) Provides that a person commits a state jail felony if
the person knowingly mislabels or tampers with a DNA record
or blood sample or specimen be used to create a DNA record
with the intent to misidentify or change the identity of the
record, sample or specimen.

SECTION 2. Amends Section 11, Article 42.12, Code of Criminal
Procedure, by adding Subsection (e), to require the court to
require defendant as a condition of community supervision to
provide a sample of the defendant's blood for the purpose of
creating a DNA record of the defendant under Chapter 61 if the
court grants community supervision to a defendant convicted of an
offense under Section 22.11, 22.011, 21.021, or 25.02, Penal Code,
or a felony offense for which the court enters an affirmative
finding in the judgment under Article 42.017. Requires the court
to require the defendant to pay to a community supervision and
corrections department officer a fee established under Article
61.03(h).

SECTION 3. Requires the governor to apply for a federal DNA
identification grant and any other federal grants to create or
operate the state's database as soon as practicable after September
1, 1995.
SECTION 4. (a) Requires the board and PSC to adopt rules required
by Articles 61.02, 61.03, and 61.04, Code of Criminal Procedure, as
added by this Act, not later than April 1, 1996.

(b) Provides that the requirement that the division take a
blood sample from each inmate described by Article 61.03(a),
Code of Criminal Procedure, as added by this Act, not later
than the 30th day after the date on which the inmate is
transferred to the custody of the division applies only to
each inmate convicted of an offense committed on or after
April 1, 1997.

(c) Makes application of Section 11(e), Article 42.12, Code
of Criminal Procedure, as added by this Act, prospective
beginning April 1, 1997.

(d) Makes application of this Act prospective beginning April
1, 1997.

SECTION 5. (a) Effective date: September 1, 1996, except as
provided by Subsections (b) and (c) of this section, but only if
the attorney general certifies that a federal DNA identification
grant or federal grant for creating or operating the state's DNA
database was received by the state before that date.

(b) Effective date for SECTIONS 2 and 3: April 1, 1997, but
only if the attorney general certifies that a federal DNA
identification grant for creating or operating the state's DNA
database was received by the state before September 1, 1996.

SECTION 7. Emergency clause.