By McCall, Van de Putte, Oakley, et al. H.B. No. 40
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement of DNA analysis of certain inmates and
1-3 to the creation of a DNA database; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 411, Government Code, is amended by
1-6 adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. DNA DATABASE SYSTEM
1-8 Sec. 411.141. DEFINITIONS. In this subchapter:
1-9 (1) "DNA" means deoxyribonucleic acid.
1-10 (2) "DNA database" means the database that contains
1-11 forensic DNA records maintained by the director.
1-12 (3) "DNA laboratory" means a laboratory that performs
1-13 forensic DNA analysis on samples or specimens derived from a human
1-14 body or crime scene.
1-15 (4) "DNA record" means the results of a forensic DNA
1-16 analysis performed by a DNA laboratory and, if known, the name of
1-17 the person who is the subject of the analysis.
1-18 (5) "FBI" means the Federal Bureau of Investigation.
1-19 (6) "Institution of higher education" has the meaning
1-20 assigned by Section 61.003, Education Code.
1-21 (7) "Institutional division" means the institutional
1-22 division of the Texas Department of Criminal Justice.
1-23 (8) "Penal institution" has the meaning assigned by
1-24 Section 1.07, Penal Code.
2-1 Sec. 411.142. DNA DATABASE. (a) The director shall record
2-2 DNA data and establish and maintain a computerized database that
2-3 serves as the central depository in the state for DNA records.
2-4 (b) The director may maintain the DNA database in the
2-5 department's crime laboratory in Austin or another suitable
2-6 location.
2-7 (c) The director may receive, analyze, store, and destroy a
2-8 record, blood sample, or other specimen for the purposes described
2-9 by Section 411.143.
2-10 (d) The DNA database must be capable of classifying,
2-11 matching, and storing the results of analyses of DNA and other
2-12 biological molecules.
2-13 (e) The director, with advice from the Department of
2-14 Information Resources, shall develop biennial plans to:
2-15 (1) improve the reporting and accuracy of the DNA
2-16 database; and
2-17 (2) develop and maintain a monitoring system capable
2-18 of identifying inaccurate or incomplete information.
2-19 (f) The DNA database must be compatible with the national
2-20 DNA identification index system (CODIS) used by the FBI to the
2-21 extent required by the FBI to permit the useful exchange and
2-22 storage of DNA records or information derived from those records.
2-23 (g) The DNA database may contain DNA records for the
2-24 following:
2-25 (1) a person described by Section 411.148 or 411.150;
2-26 (2) a biological specimen of a deceased victim of a
2-27 crime;
3-1 (3) a biological specimen that is legally obtained in
3-2 the investigation of a crime, regardless of origin;
3-3 (4) an unidentified missing person, or unidentified
3-4 skeletal remains or body parts;
3-5 (5) a close biological relative of a person who has
3-6 been reported missing to a law enforcement agency;
3-7 (6) a person at risk of becoming lost, such as a child
3-8 or a person declared by a court to be mentally incapacitated, if
3-9 the record is required by court order or a parent, conservator, or
3-10 guardian of the person consents to the record; or
3-11 (7) an unidentified person, if the record does not
3-12 contain personal identifying information.
3-13 Sec. 411.143. PURPOSES. (a) The principal purpose of the
3-14 DNA database is to assist federal, state, or local criminal justice
3-15 or law enforcement agencies in the investigation or prosecution of
3-16 sex-related offenses or other offenses in which biological evidence
3-17 is recovered.
3-18 (b) In criminal cases, the purposes of the DNA database are
3-19 only for use in the investigation of an offense, the exclusion or
3-20 identification of suspects, and the prosecution of the case.
3-21 (c) Other purposes of the database include:
3-22 (1) assisting in the recovery or identification of
3-23 human remains from a disaster or for humanitarian purposes;
3-24 (2) assisting in the identification of living or
3-25 deceased missing persons; and
3-26 (3) establishing a population statistics database that
3-27 does not contain personal identifying information.
4-1 (d) The information contained in the DNA database may not be
4-2 collected, analyzed, or stored to obtain information about human
4-3 physical traits or predisposition for disease unless the purpose
4-4 for obtaining the information is related to a purpose described by
4-5 this section.
4-6 (e) The director may not store a name or other personal
4-7 identifying information in the CODIS database. A file or reference
4-8 number to another information system may be included in the CODIS
4-9 database only if the director determines the information is
4-10 necessary to:
4-11 (1) generate an investigative lead or exclusion;
4-12 (2) support the statistical interpretation of a test
4-13 result; or
4-14 (3) allow for the successful implementation of the DNA
4-15 database.
4-16 (f) Except as provided by this subchapter, the DNA database
4-17 may not include criminal history record information.
4-18 Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.
4-19 (a) The director by rule shall establish procedures for a DNA
4-20 laboratory or criminal justice or law enforcement agency in the
4-21 collection, preservation, shipment, analysis, and use of a blood
4-22 sample or other specimen for forensic DNA analysis in a manner that
4-23 permits the exchange of DNA evidence between DNA laboratories and
4-24 the use of the evidence in a criminal case.
4-25 (b) A DNA laboratory or criminal justice or law enforcement
4-26 agency shall follow the procedures:
4-27 (1) established by the director under this section;
5-1 and
5-2 (2) specified by the FBI, including use of comparable
5-3 test procedures, laboratory equipment, supplies, and computer
5-4 software.
5-5 (c) The director may at any reasonable time enter and
5-6 inspect the premises or audit the procedures of any DNA laboratory
5-7 that provides DNA records or DNA forensic analyses to the
5-8 department under this subchapter.
5-9 (d) A DNA laboratory conducting a DNA analysis under this
5-10 subchapter shall:
5-11 (1) forward the DNA record of the analysis to the
5-12 director at the department's crime laboratory or another location
5-13 as required by the department; and
5-14 (2) comply with this subchapter and rules adopted
5-15 under this subchapter.
5-16 (e) If a DNA laboratory violates this subchapter or a rule
5-17 adopted under this subchapter, the director may prohibit the
5-18 laboratory from exchanging DNA records with another DNA laboratory
5-19 or criminal justice or law enforcement agency. A DNA laboratory
5-20 prohibited from exchanging DNA records under this subsection may
5-21 petition the director for a hearing to show cause why the
5-22 laboratory's authority to exchange DNA records should be
5-23 reinstated.
5-24 (f) The director is the liaison for DNA data, records,
5-25 evidence, and other related matters between the FBI and a DNA
5-26 laboratory or a criminal justice or law enforcement agency.
5-27 (g) The director may:
6-1 (1) conduct DNA analyses; or
6-2 (2) contract with a laboratory, state agency, private
6-3 entity, or institution of higher education for services to perform
6-4 DNA analyses for the department.
6-5 (h) The institutional division may:
6-6 (1) collect a blood sample or other specimen for
6-7 forensic DNA analysis; or
6-8 (2) contract with a laboratory, state agency, private
6-9 entity, or institution of higher education for services to collect
6-10 a sample or other specimen under this subchapter.
6-11 Sec. 411.145. FEES. (a) The director may collect a
6-12 reasonable fee under this subchapter:
6-13 (1) for the DNA analysis of a blood sample or other
6-14 specimen submitted voluntarily to the department; or
6-15 (2) for providing population statistics data or other
6-16 appropriate research data.
6-17 (b) A fee collected under this section shall be deposited in
6-18 the state treasury to the credit of the state highway fund and may
6-19 be used only to defray the cost of administering this subchapter.
6-20 Sec. 411.146. BLOOD SAMPLES OR OTHER SPECIMENS. (a) The
6-21 director may not accept a blood sample or other specimen taken from
6-22 a person who is not deceased that is submitted voluntarily or as
6-23 required by Section 411.148 or 411.150 unless the sample or
6-24 specimen is collected in a medically approved manner by:
6-25 (1) a physician, registered nurse, licensed vocational
6-26 nurse, licensed clinical laboratory technologist; or
6-27 (2) another person who is trained to properly collect
7-1 blood samples or other specimens and supervised by a licensed
7-2 physician.
7-3 (b) A person collecting a blood sample or other specimen
7-4 under this section may not be held liable in any civil or criminal
7-5 action if the person collects the sample or specimen in a
7-6 reasonable manner according to generally accepted medical or other
7-7 professional practices.
7-8 (c) The director shall provide at no cost to a person
7-9 described by Subsection (a) the specimen vials, mailing tubes and
7-10 labels, report forms, and instructions for collection of blood
7-11 samples or other specimens under this section.
7-12 (d) A person who collects a blood sample or other specimen
7-13 under this section shall send the sample or specimen to:
7-14 (1) the director at the department's crime laboratory;
7-15 or
7-16 (2) another location as required by the director by
7-17 rule.
7-18 (e) A DNA laboratory may analyze a blood sample collected
7-19 under this section or other DNA specimen only:
7-20 (1) to type the genetic markers contained in the
7-21 sample or specimen;
7-22 (2) for criminal justice and law enforcement purposes;
7-23 or
7-24 (3) for other purposes described by this subchapter.
7-25 (f) If possible, a second DNA specimen must be obtained from
7-26 a suspect in a criminal investigation if forensic DNA evidence is
7-27 necessary for use as substantive evidence in the prosecution of a
8-1 case.
8-2 Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The
8-3 director by rule shall establish procedures:
8-4 (1) to prevent unauthorized access to the DNA
8-5 database; and
8-6 (2) to release DNA records, specimens, or analyses
8-7 from the DNA database.
8-8 (b) The director may adopt rules relating to the internal
8-9 disclosure, access, or use of a sample, specimen, or DNA record in
8-10 the department or a DNA laboratory.
8-11 (c) Except as otherwise provided by this section, the
8-12 director or a DNA laboratory that conducts forensic DNA analyses in
8-13 the state may disclose a DNA record or allow access to a DNA
8-14 sample, specimen, or analysis only on written request or court
8-15 order and only as provided by this section.
8-16 (d) The director may release all or part of a DNA record to:
8-17 (1) a DNA laboratory for identification purposes;
8-18 (2) a criminal justice or law enforcement agency for
8-19 law enforcement purposes;
8-20 (3) a defendant or defense counsel for criminal
8-21 defense purposes as required by a court order if the DNA database
8-22 was used during the underlying investigation of the defendant; or
8-23 (4) any person as authorized by a court, statute, or
8-24 other law.
8-25 (e) The director may release all or part of a DNA record,
8-26 except personal identifying information contained in the record, to
8-27 any entity for:
9-1 (1) the development of statistical population
9-2 frequency databases;
9-3 (2) identification research;
9-4 (3) protocol development for forensic DNA analysis and
9-5 quality control; or
9-6 (4) submission to CODIS.
9-7 (f) The director may release a record of the number of
9-8 requests made for a defendant's DNA record and the name of the
9-9 requesting person.
9-10 (g) The director may release a DNA record of a person who
9-11 consents in writing to the release of the record to another person.
9-12 (h) A law enforcement agency may have access to DNA
9-13 specimens through the agency's laboratory for law enforcement
9-14 purposes.
9-15 (i) The director shall maintain a record of requests made
9-16 under this section.
9-17 (j) The director or a DNA laboratory may respond to a
9-18 nonwritten request for access to a DNA sample or other specimen or
9-19 a DNA record by:
9-20 (1) providing to the requestor the sample, specimen,
9-21 or record without personal identifying information related to the
9-22 sample or specimen or contained in the record; or
9-23 (2) stating that a sample, specimen, or record does
9-24 exist for a DNA profile or person and that the sample, specimen, or
9-25 record may be retrieved only by written request.
9-26 (k) A written request for a DNA profile under this section
9-27 may reference the sample, specimen, or record identification
10-1 number.
10-2 Sec. 411.148. DNA RECORDS OF CERTAIN INMATES. (a) An
10-3 inmate of the institutional division or other penal institution
10-4 shall provide one or more blood samples or other specimens taken by
10-5 or at the request of the institutional division for the purpose of
10-6 creating a DNA record if the inmate is ordered by a court to give
10-7 the sample or specimen or is serving a sentence for:
10-8 (1) an offense under one or more of the following
10-9 Penal Code provisions:
10-10 (A) Section 21.11 (indecency with a child);
10-11 (B) Section 22.011 (sexual assault); or
10-12 (C) Section 22.021 (aggravated sexual assault);
10-13 (2) a felony offense for which the court enters an
10-14 affirmative finding in the judgment as provided by Subsection (e);
10-15 or
10-16 (3) any offense if the inmate has previously been
10-17 convicted of:
10-18 (A) an offense described by Subsection (a)(1);
10-19 or
10-20 (B) an offense under federal law or the laws of
10-21 another state that involves the same conduct as an offense
10-22 described by Subsection (a)(1).
10-23 (b) The institutional division shall obtain the sample or
10-24 specimen from an inmate of the division during the diagnostic
10-25 process. The institutional division shall obtain the sample or
10-26 specimen from an inmate confined in another penal institution as
10-27 soon as practicable if the Board of Pardons and Paroles informs the
11-1 division that the inmate is likely to be paroled before being
11-2 admitted to the division. The administrator of the other penal
11-3 institution shall cooperate with the institutional division as
11-4 necessary to allow the institutional division to perform its duties
11-5 under this section.
11-6 (c) The institutional division shall:
11-7 (1) preserve each blood sample or other specimen
11-8 collected;
11-9 (2) maintain a record of the collection of the sample
11-10 or specimen; and
11-11 (3) send the sample or specimen to the director for
11-12 scientific analysis under this subchapter.
11-13 (d) An inmate may not be held past a statutory release date
11-14 if the inmate fails or refuses to provide a blood sample or other
11-15 specimen under this section. A penal institution may take other
11-16 lawful administrative action against the inmate.
11-17 (e) If there is an affirmative finding in a trial of a
11-18 felony offense that the offense involved a specific intent to
11-19 arouse or gratify the sexual desire of any person, the court shall
11-20 enter that finding in the judgment. A court entering an
11-21 affirmative finding in a judgment under this subsection shall
11-22 provide an opportunity for a hearing to the person who is subject
11-23 to the judgment. An issue under this subsection may not be
11-24 submitted to a jury as a question of fact.
11-25 (f) The institutional division shall notify the director
11-26 that an inmate described by Subsection (a) is to be released from
11-27 the institutional division not earlier than the 120th day before
12-1 the inmate's release date and not later than the 90th day before
12-2 the inmate's release date.
12-3 Sec. 411.149. VOLUNTARY SUBMISSION OF BLOOD SAMPLES. A
12-4 person may voluntarily submit a blood sample or other specimen to
12-5 the department for the purpose of creating a DNA record under this
12-6 subchapter.
12-7 Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A
12-8 juvenile who is committed to the Texas Youth Commission shall
12-9 provide one or more blood samples or other specimens taken by or at
12-10 the request of the commission for the purpose of creating a DNA
12-11 record if the juvenile is ordered by a juvenile court to give the
12-12 sample or specimen or is committed to the commission for an
12-13 adjudication as having engaged in delinquent conduct that violates:
12-14 (1) one or more of the following Penal Code
12-15 provisions:
12-16 (A) Section 21.11 (indecency with a child);
12-17 (B) Section 22.011 (sexual assault); or
12-18 (C) Section 22.021 (aggravated sexual assault);
12-19 (2) a penal law of the grade of felony for which the
12-20 juvenile court enters an affirmative finding in the judgment as
12-21 provided by Subsection (c); or
12-22 (3) a penal law if the juvenile has previously been
12-23 adjudicated as having engaged in:
12-24 (A) a violation of a penal law described by
12-25 Subsection (a)(1); or
12-26 (B) a violation of a penal law under federal law
12-27 or the laws of another state that involves the same conduct as a
13-1 violation of a penal law described by Subsection (a)(1).
13-2 (b) The department, in conjunction with the Texas Youth
13-3 Commission, shall adopt rules regarding the collection,
13-4 preservation, and shipment of a blood sample or other specimen of a
13-5 juvenile described by this section.
13-6 (c) If there is an affirmative finding in the adjudication
13-7 of a juvenile that the juvenile's conduct involved a specific
13-8 intent to arouse or gratify the sexual desire of any person, the
13-9 juvenile court shall enter that finding in the judgment. A
13-10 juvenile court entering an affirmative finding in a judgment under
13-11 this subsection shall provide an opportunity for a hearing to the
13-12 juvenile who is subject to the judgment. An issue under this
13-13 subsection may not be submitted to a jury as a question of fact.
13-14 Sec. 411.151. EXPUNCTION OF DNA RECORDS. (a) The director
13-15 shall expunge a DNA record of a person from the DNA database if the
13-16 person:
13-17 (1) notifies the director in writing that the DNA
13-18 record has been ordered to be expunged under this section or
13-19 Chapter 55, Code of Criminal Procedure; and
13-20 (2) provides the director with a certified copy of the
13-21 court order that expunges the DNA record.
13-22 (b) A person may petition for the expunction of a DNA record
13-23 under the procedures established under Article 55.02, Code of
13-24 Criminal Procedure, if the person is entitled to the expunction of
13-25 records relating to the offense to which the DNA record is related
13-26 under Article 55.01, Code of Criminal Procedure.
13-27 Sec. 411.152. RULES. The director may adopt rules necessary
14-1 to administer or enforce this subchapter.
14-2 Sec. 411.153. CONFIDENTIALITY OF DNA RECORDS. (a) A DNA
14-3 record stored in the DNA database is confidential and is not
14-4 subject to disclosure under the open records law, Chapter 552.
14-5 (b) A person commits an offense if the person knowingly
14-6 discloses information in a DNA record or information related to a
14-7 DNA analysis of a blood specimen except as authorized by this
14-8 chapter. An offense under this subsection is a misdemeanor
14-9 punishable by:
14-10 (1) a fine of not more than $1,000;
14-11 (2) confinement in the county jail for not more than
14-12 six months; or
14-13 (3) both the fine and confinement.
14-14 (c) A violation under this section constitutes official
14-15 misconduct.
14-16 Sec. 411.154. ENFORCEMENT BY COURT ORDER. (a) On the
14-17 request of the director, a district or county attorney or the
14-18 attorney general may petition a district court for an order
14-19 requiring a person to:
14-20 (1) comply with this subchapter or a rule adopted
14-21 under this subchapter; or
14-22 (2) refrain from acting in violation of this
14-23 subchapter or a rule adopted under this subchapter.
14-24 (b) The court may issue an order requiring a person:
14-25 (1) to act in compliance with this subchapter or a
14-26 rule adopted under this subchapter;
14-27 (2) to refrain from acting in violation of this
15-1 subchapter or a rule adopted under this subchapter;
15-2 (3) to give a blood sample or other specimen; or
15-3 (4) if the person has already given a blood sample or
15-4 other specimen, to give another sample if good cause is shown.
15-5 (c) An order issued under this section is appealable as a
15-6 criminal matter and if appealed is to be reviewed under an abuse of
15-7 discretion standard.
15-8 SECTION 2. Chapter 38, Code of Criminal Procedure, is
15-9 amended by adding Article 38.351 to read as follows:
15-10 Art. 38.351. ADMISSIBILITY OF FORENSIC DNA ANALYSIS. (a)
15-11 In this article:
15-12 (1) "DNA" means deoxyribonucleic acid.
15-13 (2) "DNA laboratory" means a laboratory that performs
15-14 forensic DNA analysis on specimens derived from a human body or
15-15 crime scene.
15-16 (b) The relevant results of a forensic DNA analysis are
15-17 admissible in a criminal proceeding for purposes of proving or
15-18 disproving identity unless the court finds that the results are
15-19 unreliable or untrustworthy as evidence because a DNA laboratory or
15-20 law enforcement agency that collected, preserved, shipped, stored,
15-21 analyzed, or used a blood sample or other specimen on which the
15-22 results of the DNA analysis are based failed to substantially
15-23 comply with:
15-24 (1) Subchapter G, Chapter 411, Government Code, or a
15-25 rule adopted by the director of the Department of Public Safety
15-26 under that subchapter; or
15-27 (2) a similar law or rule in another state, if the DNA
16-1 laboratory or law enforcement agency acted in that state with
16-2 regard to the blood sample or other specimen.
16-3 (c) In addition to the results of a forensic DNA analysis, a
16-4 court may admit other evidence relevant to a material issue in the
16-5 proceeding, including:
16-6 (1) evidence offered to prove or disprove identity
16-7 that is not based on the results of a DNA analysis; or
16-8 (2) evidence of the probability of identity
16-9 established by a particular forensic DNA match.
16-10 (d) Expert testimony about the reliability and
16-11 trustworthiness of the use of DNA as a scientific technique or the
16-12 relevance of using DNA to prove or disprove identity is not
16-13 necessary for the results of a forensic DNA analysis to be admitted
16-14 as evidence under this article.
16-15 SECTION 3. Section 11(a), Article 42.12, Code of Criminal
16-16 Procedure, as amended by Chapters 806 and 900, Acts of the 73rd
16-17 Legislature, Regular Session, 1993, is amended to read as follows:
16-18 (a) The judge of the court having jurisdiction of the case
16-19 shall determine the conditions of community supervision and may, at
16-20 any time, during the period of community supervision alter or
16-21 modify the conditions as provided by Sections 10 and 22 of this
16-22 article. The judge may impose any reasonable condition that is
16-23 designed to protect or restore the community, protect or restore
16-24 the victim, or punish, rehabilitate, or reform the defendant.
16-25 Conditions of community supervision may include, but shall not be
16-26 limited to, the conditions that the defendant shall:
16-27 (1) Commit no offense against the laws of this State
17-1 or of any other State or of the United States;
17-2 (2) Avoid injurious or vicious habits;
17-3 (3) Avoid persons or places of disreputable or harmful
17-4 character;
17-5 (4) Report to the supervision officer as directed by
17-6 the judge or supervision officer and obey all rules and regulations
17-7 of the community supervision and corrections department;
17-8 (5) Permit the supervision officer to visit him at his
17-9 home or elsewhere;
17-10 (6) Work faithfully at suitable employment as far as
17-11 possible;
17-12 (7) Remain within a specified place;
17-13 (8) Pay his fine, if one be assessed, and all court
17-14 costs whether a fine be assessed or not, in one or several sums;
17-15 (9) Support his dependents;
17-16 (10) Participate, for a time specified by the judge in
17-17 any community-based program, including a community-service work
17-18 program under Section 16 of this article;
17-19 (11) Reimburse the county in which the prosecution was
17-20 instituted for compensation paid to appointed counsel for defending
17-21 him in the case, if counsel was appointed, or if he was represented
17-22 by a county-paid public defender, in an amount that would have been
17-23 paid to an appointed attorney had the county not had a public
17-24 defender;
17-25 (12) Remain under custodial supervision in a community
17-26 corrections facility, obey all rules and regulations of such
17-27 facility, and pay a percentage of his income to the facility for
18-1 room and board;
18-2 (13) Pay a percentage of his income to his dependents
18-3 for their support while under custodial supervision in a community
18-4 corrections facility;
18-5 (14) Submit to testing for alcohol or controlled
18-6 substances;
18-7 (15) Attend counseling sessions for substance abusers
18-8 or participate in substance abuse treatment services in a program
18-9 or facility approved or licensed by the Texas Commission on Alcohol
18-10 and Drug Abuse;
18-11 (16) Register under Article 6252-13c.1, Revised
18-12 Statutes;
18-13 (17) With the consent of the victim of a misdemeanor
18-14 offense or of any offense under Title 7, Penal Code, participate
18-15 in victim-defendant mediation;
18-16 (18) <(19)> Submit to electronic monitoring;
18-17 (19) <(20)> Reimburse the general revenue fund <crime
18-18 victims compensation fund created under the Crime Victims
18-19 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
18-20 for any amounts paid under the Crime Victims' Compensation Act
18-21 (Subchapter B, Chapter 56, of this code) from that fund to a
18-22 victim, as defined by Article 56.01 of this code, of the
18-23 defendant's offense;
18-24 (20) <(21)> Reimburse a law enforcement agency for the
18-25 analysis, storage, or disposal of raw materials, controlled
18-26 substances, chemical precursors, drug paraphernalia, or other
18-27 materials seized in connection with the offense;
19-1 (21) <(22)> Pay all or part of the reasonable and
19-2 necessary costs incurred by the victim for psychological counseling
19-3 made necessary by the offense or for counseling and education
19-4 relating to acquired immune deficiency syndrome or human
19-5 immunodeficiency virus made necessary by the offense; <and>
19-6 (22) <(23)> Make one payment in an amount not to
19-7 exceed $50 to a local crime stoppers program as defined by Section
19-8 414.001, Government Code, and as certified by the Crime Stoppers
19-9 Advisory Council; and
19-10 (23) Submit a blood sample or other specimen to the
19-11 Department of Public Safety under Subchapter G, Chapter 411,
19-12 Government Code, for the purpose of creating a DNA record of the
19-13 defendant.
19-14 SECTION 4. (a) The director of the Department of Public
19-15 Safety shall adopt the rules required by Subchapter G, Chapter 411,
19-16 Government Code, as added by this Act, not later than January 1,
19-17 1996.
19-18 (b) The requirement that the institutional division of the
19-19 Texas Department of Criminal Justice collect a blood sample or
19-20 other specimen during the diagnostic process from an inmate
19-21 described by Section 411.148(a), Government Code, as added by this
19-22 Act, applies only to an inmate who has not completed the diagnostic
19-23 process before February 1, 1996. The division shall collect a
19-24 blood sample from an inmate confined in the division who has
19-25 completed the diagnostic process before February 1, 1996, not later
19-26 than the 90th day before the inmate's earliest parole eligibility
19-27 date, unless the inmate's earliest parole eligibility date is
20-1 before May 1, 1996, in which event the division shall collect the
20-2 sample as soon as possible after February 1, 1996.
20-3 SECTION 5. (a) The change in law made by this Act to
20-4 Section 11(a), Article 42.12, Code of Criminal Procedure, applies
20-5 only to a person convicted of an offense committed on or after
20-6 January 1, 1996. For the purpose of this section, an offense is
20-7 committed before January 1, 1996, if any element of the offense
20-8 occurs before that date.
20-9 (b) A person convicted of an offense committed before
20-10 January 1, 1996, is covered by the law in effect immediately before
20-11 this Act takes effect, and the former law is continued in effect
20-12 for that purpose.
20-13 SECTION 6. (a) The requirement that the Texas Youth
20-14 Commission collect a blood sample or other specimen from a juvenile
20-15 described by Section 411.150, Government Code, as added by this
20-16 Act, applies only to a juvenile who is adjudicated for conduct
20-17 violating a penal law of the state that occurs on or after January
20-18 1, 1996. For purposes of this section, conduct violating a penal
20-19 law of the state occurs before January 1, 1996, if any element of
20-20 the violation occurs before that date.
20-21 (b) A juvenile adjudicated for conduct violating a penal law
20-22 of the state that occurs before January 1, 1996, is covered by the
20-23 law in effect immediately before this Act takes effect, and the
20-24 former law is continued in effect for that purpose.
20-25 SECTION 7. This Act takes effect September 1, 1995.
20-26 SECTION 8. The importance of this legislation and the
20-27 crowded condition of the calendars in both houses create an
21-1 emergency and an imperative public necessity that the
21-2 constitutional rule requiring bills to be read on three several
21-3 days in each house be suspended, and this rule is hereby suspended.