74R2004 CLG-D
          By McCall, Van de Putte, Oakley, et al.                 H.B. No. 40
          Substitute the following for H.B. No. 40:
          By Madden                                           C.S.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 a penalty.
    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 store personal information in the
    4-7  database only if the director determines the information is
    4-8  necessary to:
    4-9              (1)  generate an investigative lead or exclusion;
   4-10              (2)  support the statistical interpretation of a test
   4-11  result; or
   4-12              (3)  allow for the successful implementation of the DNA
   4-13  database.
   4-14        (f)  Except as provided by this subchapter, the DNA database
   4-15  may not include criminal history record information.
   4-16        Sec. 411.144.  REGULATION OF DNA LABORATORIES; PENALTIES.
   4-17  (a)  The director by rule shall establish procedures for a DNA
   4-18  laboratory  or criminal justice or law enforcement agency in the
   4-19  collection, preservation, shipment, analysis, and use of a blood
   4-20  sample or other specimen for forensic DNA analysis in a manner that
   4-21  permits the exchange of DNA evidence between DNA laboratories and
   4-22  the use of the evidence in a criminal case.
   4-23        (b)  A DNA laboratory or criminal justice or law enforcement
   4-24  agency shall follow the procedures:
   4-25              (1)  established by the director under this section;
   4-26  and
   4-27              (2)  specified by the FBI, including use of comparable
    5-1  test procedures, laboratory equipment, supplies, and computer
    5-2  software.
    5-3        (c)  The director may at any reasonable time enter and
    5-4  inspect the premises or audit the procedures of any DNA laboratory
    5-5  that provides DNA records or DNA forensic analyses to the
    5-6  department under this subchapter.
    5-7        (d)  A DNA laboratory conducting a DNA analysis under this
    5-8  subchapter shall:
    5-9              (1)  forward the DNA record of the analysis to the
   5-10  director at the department's crime laboratory or another location
   5-11  as required by the department; and
   5-12              (2)  comply with this subchapter and rules adopted
   5-13  under this subchapter.
   5-14        (e)  If a DNA laboratory violates this subchapter or a rule
   5-15  adopted under this subchapter, the director may prohibit the
   5-16  laboratory from exchanging DNA records with another DNA laboratory
   5-17  or criminal justice or law enforcement agency in the state.  A DNA
   5-18  laboratory prohibited from exchanging DNA records under this
   5-19  subsection may petition the director for a hearing to show cause
   5-20  why the laboratory's authority to exchange DNA records should be
   5-21  reinstated.
   5-22        (f)  The director is the liaison for DNA data, records,
   5-23  evidence, and other related matters between the FBI and the
   5-24  department's DNA laboratory or a criminal justice or law
   5-25  enforcement agency.
   5-26        (g)  The director may:
   5-27              (1)  conduct DNA analyses; or
    6-1              (2)  contract with a laboratory, state agency, private
    6-2  entity, or institution of higher education for services to perform
    6-3  DNA analyses for the department.
    6-4        (h)  The institutional division may:
    6-5              (1)  collect a blood sample or other specimen for
    6-6  forensic DNA analysis; or
    6-7              (2)  contract with a laboratory, state agency, private
    6-8  entity, or institution of higher education for services to collect
    6-9  a sample or other specimen under this subchapter.
   6-10        Sec. 411.145.  FEES.  (a)  The director may collect a
   6-11  reasonable fee under this subchapter:
   6-12              (1)  for the DNA analysis of a blood sample or other
   6-13  specimen submitted voluntarily to the department; or
   6-14              (2)  for providing population statistics data or other
   6-15  appropriate research data.
   6-16        (b)  A fee collected under this section shall be deposited in
   6-17  the state treasury to the credit of the state highway fund and may
   6-18  be used only to defray the cost of administering this subchapter.
   6-19        Sec. 411.146.  BLOOD SAMPLES OR OTHER SPECIMENS.  (a)  The
   6-20  director may not accept a blood sample or other specimen taken from
   6-21  a person who is not deceased that is submitted voluntarily or as
   6-22  required by Section 411.148 or 411.150 unless the sample or
   6-23  specimen is collected in a medically approved manner by:
   6-24              (1)  a physician, registered nurse, licensed vocational
   6-25  nurse, licensed clinical laboratory technologist; or
   6-26              (2)  another person who is trained to properly collect
   6-27  blood samples or other specimens and supervised by a licensed
    7-1  physician.
    7-2        (b)  A person collecting a blood sample or other specimen
    7-3  under this section may not be held liable in any civil or criminal
    7-4  action if the person collects the sample or specimen in a
    7-5  reasonable manner according to generally accepted medical or other
    7-6  professional practices.
    7-7        (c)  The director shall provide at no cost to a person
    7-8  described by Subsection (a) the specimen vials, mailing tubes and
    7-9  labels, report forms, and instructions for collection of blood
   7-10  samples or other specimens under this section.
   7-11        (d)  A person who collects a blood sample or other specimen
   7-12  under this section shall send  the sample or specimen to:
   7-13              (1)  the director at the department's crime laboratory;
   7-14  or
   7-15              (2)  another location as required by the director by
   7-16  rule.
   7-17        (e)  A DNA laboratory may analyze a blood sample collected
   7-18  under this section or other DNA specimen only:
   7-19              (1)  to type the genetic markers contained in the
   7-20  sample or specimen;
   7-21              (2)  for criminal justice and law enforcement purposes;
   7-22  or
   7-23              (3)  for other purposes described by this subchapter.
   7-24        Sec. 411.147.  ACCESS TO DNA DATABASE INFORMATION.  (a)  The
   7-25  director by rule shall establish procedures:
   7-26              (1)  to prevent unauthorized access to the DNA
   7-27  database; and
    8-1              (2)  to release DNA records, specimens, or analyses
    8-2  from the DNA database.
    8-3        (b)  The director may adopt rules relating to the internal
    8-4  disclosure, access, or use of a sample, specimen, or DNA record in
    8-5  the department or a DNA laboratory.
    8-6        (c)  Except as otherwise provided by this section, the
    8-7  director or a DNA laboratory that conducts forensic DNA analyses in
    8-8  the state may disclose a DNA record or allow access to a DNA
    8-9  sample, specimen, or analysis only on written request or court
   8-10  order and only as provided by this section.
   8-11        (d)  The director may release all or part of a DNA record to:
   8-12              (1)  a DNA laboratory for identification purposes;
   8-13              (2)  a criminal justice or law enforcement agency for
   8-14  law enforcement purposes;
   8-15              (3)  a defendant or defense counsel for criminal
   8-16  defense purposes as required by a court order if the DNA database
   8-17  was used during the underlying investigation of the defendant; or
   8-18              (4)  any person as authorized by a court, statute, or
   8-19  other law.
   8-20        (e)  The director may release all or part of a DNA record,
   8-21  except personal identifying information contained in the record, to
   8-22  any entity for:
   8-23              (1)  the development of statistical population
   8-24  frequency databases;
   8-25              (2)  identification research;
   8-26              (3)  protocol development for forensic DNA analysis and
   8-27  quality control; or
    9-1              (4)  submission to CODIS.
    9-2        (f)  The director may release a record of the number of
    9-3  requests made for a defendant's DNA record and the name of the
    9-4  requesting person.
    9-5        (g)  The director may release a DNA record of a person who
    9-6  consents in writing to the release of the record to another person.
    9-7        (h)  A law enforcement agency may have access to DNA
    9-8  specimens through the agency's laboratory for law enforcement
    9-9  purposes.
   9-10        (i)  The director shall maintain a record of requests made
   9-11  under this section.
   9-12        (j)  The director or a DNA laboratory may respond to a
   9-13  nonwritten request for access to a DNA sample or other specimen or
   9-14  a DNA record by:
   9-15              (1)  providing to the requestor the sample, specimen,
   9-16  or record without personal identifying information related to the
   9-17  sample or specimen or contained in the record; or
   9-18              (2)  stating that a sample, specimen, or record does
   9-19  exist for a DNA profile or person and that the sample, specimen, or
   9-20  record may be retrieved only by written request.
   9-21        (k)  A written request for a DNA profile under this section
   9-22  may reference the sample, specimen, or record identification
   9-23  number.
   9-24        Sec. 411.148.  DNA RECORDS OF CERTAIN INMATES.  (a)  An
   9-25  inmate of the institutional division or other penal institution
   9-26  shall provide one or more blood samples or other specimens taken by
   9-27  or at the request of the institutional division for the purpose of
   10-1  creating a DNA record if the inmate is ordered by a court to give
   10-2  the sample or specimen or is serving a sentence for:
   10-3              (1)  an offense under one or more of the following
   10-4  Penal Code provisions:
   10-5                    (A)  Section 21.11 (indecency with a child);
   10-6                    (B)  Section 22.011 (sexual assault); or
   10-7                    (C)  Section 22.021 (aggravated sexual assault);
   10-8              (2)  a felony offense for which the court enters an
   10-9  affirmative finding in the judgment as provided by Subsection (e);
  10-10  or
  10-11              (3)  any offense if the inmate has previously been
  10-12  convicted of:
  10-13                    (A)  an offense described by Subsection (a)(1);
  10-14  or
  10-15                    (B)  an offense under federal law or the laws of
  10-16  another state that involves the same conduct as an offense
  10-17  described by Subsection (a)(1).
  10-18        (b)  The institutional division shall obtain the sample or
  10-19  specimen from an inmate of the division during the diagnostic
  10-20  process.  The institutional division shall obtain the sample or
  10-21  specimen from an inmate confined in another penal institution as
  10-22  soon as practicable if the Board of Pardons and Paroles informs the
  10-23  division that the inmate is likely to be paroled before being
  10-24  admitted to the division.  The administrator of the other penal
  10-25  institution shall cooperate with the institutional division as
  10-26  necessary to allow the institutional division to perform its duties
  10-27  under this section.
   11-1        (c)  The institutional division shall:
   11-2              (1)  preserve each blood sample or other specimen
   11-3  collected;
   11-4              (2)  maintain a record of the collection of the sample
   11-5  or specimen; and
   11-6              (3)  send the sample or specimen to the director for
   11-7  scientific analysis under this subchapter.
   11-8        (d)  An inmate may not be held past a statutory release date
   11-9  if the inmate fails or refuses to provide a blood sample or other
  11-10  specimen under this section.  A penal institution may take other
  11-11  lawful administrative action against the inmate.
  11-12        (e)  If there is an affirmative finding in a trial of a
  11-13  felony offense that the offense involved a specific intent to
  11-14  arouse or gratify the sexual desire of any person, the court shall
  11-15  enter that finding in the judgment.  A court entering an
  11-16  affirmative finding in a judgment under this subsection shall
  11-17  provide an opportunity for a hearing to the person who is subject
  11-18  to the judgment.  An issue under this subsection may not be
  11-19  submitted to a jury as a question of fact.
  11-20        (f)  The institutional division shall notify the director
  11-21  that an inmate described by Subsection (a) is to be released from
  11-22  the institutional division not earlier than the 120th day before
  11-23  the inmate's release date and not later than the 90th day before
  11-24  the inmate's release date.
  11-25        Sec. 411.149.  VOLUNTARY SUBMISSION OF BLOOD SAMPLES.  A
  11-26  person may voluntarily submit a blood sample or other specimen to
  11-27  the department for the purpose of creating a DNA record under this
   12-1  subchapter.
   12-2        Sec. 411.150.  DNA RECORDS OF CERTAIN JUVENILES.  (a)  A
   12-3  juvenile who is committed to the Texas Youth Commission shall
   12-4  provide one or more blood samples or other specimens taken by or at
   12-5  the request of the commission for the purpose of creating a DNA
   12-6  record if the juvenile is ordered by a court to give the sample or
   12-7  specimen or is committed to the commission for an adjudication as
   12-8  having engaged in delinquent conduct in violation of one or more of
   12-9  the following Penal Code provisions:
  12-10              (1)  Section 21.11 (indecency with a child);
  12-11              (2)  Section 22.011 (sexual assault); or
  12-12              (3)  Section 22.021 (aggravated sexual assault).
  12-13        (b)  The department, in conjunction with the Texas Youth
  12-14  Commission, shall adopt rules regarding the collection,
  12-15  preservation, and shipment of a blood sample or other specimen of a
  12-16  juvenile described by this section.
  12-17        Sec. 411.151.  EXPUNCTION OF DNA RECORDS.  (a)  The director
  12-18  shall expunge a DNA record of a person from the DNA database if the
  12-19  person:
  12-20              (1)  notifies the director in writing that the DNA
  12-21  record has been ordered to be expunged under this section or
  12-22  Chapter 55, Code of Criminal Procedure; and
  12-23              (2)  provides the director with a certified copy of the
  12-24  court order that expunges the DNA record.
  12-25        (b)  A person may petition for the expunction of a DNA record
  12-26  under the procedures established under Article 55.02, Code of
  12-27  Criminal Procedure, if:
   13-1              (1)  the person is entitled to the expunction of the
   13-2  record under Article 55.01, Code of Criminal Procedure;
   13-3              (2)  the person has obtained a pardon granted for
   13-4  subsequent proof of innocence for the offense to which the DNA
   13-5  record is related; or
   13-6              (3)  the conviction for the offense to which the DNA
   13-7  record is related has been reversed and prosecution for the offense
   13-8  is barred.
   13-9        Sec. 411.152.  RULES.  The director may adopt rules necessary
  13-10  to administer or enforce this subchapter.
  13-11        Sec. 411.153.  CONFIDENTIALITY OF DNA RECORDS.  A DNA record
  13-12  stored in the DNA database is confidential and is not subject to
  13-13  disclosure under the open records law, Chapter 552.
  13-14        Sec. 411.154.  ENFORCEMENT BY COURT ORDER.  (a)  On the
  13-15  request of the director, a district or county attorney or the
  13-16  attorney general may petition a district court for an order
  13-17  requiring a person to:
  13-18              (1)  comply with this subchapter or a rule adopted
  13-19  under this subchapter; or
  13-20              (2)  refrain from acting in violation of this
  13-21  subchapter or a rule adopted under this subchapter.
  13-22        (b)  The court may issue an order requiring a person:
  13-23              (1)  to act in compliance with this subchapter or a
  13-24  rule adopted under this subchapter;
  13-25              (2)  to refrain from acting in violation of this
  13-26  subchapter or a rule adopted under this subchapter;
  13-27              (3)  to give a blood sample or other specimen; or
   14-1              (4)  if the person has already given a blood sample or
   14-2  other specimen, to give another sample if good cause is shown.
   14-3        (c)  An order issued under this section is appealable as a
   14-4  criminal matter and if appealed is to be reviewed under an abuse of
   14-5  discretion standard.
   14-6        SECTION 2.  Chapter 38, Code of Criminal Procedure, is
   14-7  amended by adding Article 38.351 to read as follows:
   14-8        Art. 38.351.  ADMISSIBILITY OF FORENSIC DNA ANALYSIS.  (a)
   14-9  In this article:
  14-10              (1)  "DNA" means deoxyribonucleic acid.
  14-11              (2)  "DNA laboratory" means a laboratory that performs
  14-12  forensic DNA analysis on specimens derived from a human body or
  14-13  crime scene.
  14-14        (b)  The relevant results of a forensic DNA analysis are
  14-15  admissible in a criminal proceeding for purposes of proving or
  14-16  disproving identity unless the court finds that the results are
  14-17  unreliable or untrustworthy as evidence because a DNA laboratory or
  14-18  law enforcement agency that collected, preserved, shipped, stored,
  14-19  analyzed, or used a blood sample or other specimen on which the
  14-20  results of the DNA analysis are based failed to substantially
  14-21  comply with:
  14-22              (1)  Subchapter G, Chapter 411, Government Code, or a
  14-23  rule adopted by the director of the Department of Public Safety
  14-24  under that subchapter; or
  14-25              (2)  a similar law or rule in another state, if the DNA
  14-26  laboratory or law enforcement agency acted in that state with
  14-27  regard to the blood sample or other specimen.
   15-1        (c)  In addition to the results of a forensic DNA analysis, a
   15-2  court may admit other evidence relevant to a material issue in the
   15-3  proceeding, including:
   15-4              (1)  evidence offered to prove or disprove identity
   15-5  that is not based on the results of a DNA analysis; or
   15-6              (2)  evidence of the probability of identity
   15-7  established by a particular forensic DNA match.
   15-8        (d)  Expert testimony about the reliability and
   15-9  trustworthiness of the use of DNA as a scientific technique or the
  15-10  relevance of using DNA to prove or disprove identity is not
  15-11  necessary for the results of a forensic DNA analysis to be admitted
  15-12  as evidence under this article.
  15-13        SECTION 3.  Section 11(a), Article 42.12, Code of Criminal
  15-14  Procedure, as amended by Chapters 806 and 900, Acts of the 73rd
  15-15  Legislature, Regular Session, 1993, is amended to read as follows:
  15-16        (a)  The judge of the court having jurisdiction of the case
  15-17  shall determine the conditions of community supervision and may, at
  15-18  any time, during the period of community supervision alter or
  15-19  modify the conditions as provided by Sections 10 and 22 of this
  15-20  article. The judge may impose any reasonable condition that is
  15-21  designed to protect or restore the community, protect or restore
  15-22  the victim, or punish, rehabilitate, or reform the defendant.
  15-23  Conditions of community supervision may include, but shall not be
  15-24  limited to, the conditions that the defendant shall:
  15-25              (1)  Commit no offense against the laws of this State
  15-26  or of any other State or of the United States;
  15-27              (2)  Avoid injurious or vicious habits;
   16-1              (3)  Avoid persons or places of disreputable or harmful
   16-2  character;
   16-3              (4)  Report to the supervision officer as directed by
   16-4  the judge or supervision officer and obey all rules and regulations
   16-5  of the community supervision and corrections department;
   16-6              (5)  Permit the supervision officer to visit him at his
   16-7  home or elsewhere;
   16-8              (6)  Work faithfully at suitable employment as far as
   16-9  possible;
  16-10              (7)  Remain within a specified place;
  16-11              (8)  Pay his fine, if one be assessed, and all court
  16-12  costs whether a fine be assessed or not, in one or several sums;
  16-13              (9)  Support his dependents;
  16-14              (10)  Participate, for a time specified by the judge in
  16-15  any community-based program, including a community-service work
  16-16  program under Section 16 of this article;
  16-17              (11)  Reimburse the county in which the prosecution was
  16-18  instituted for compensation paid to appointed counsel for defending
  16-19  him in the case, if counsel was appointed, or if he was represented
  16-20  by a county-paid public defender, in an amount that would have been
  16-21  paid to an appointed attorney had the county not had a public
  16-22  defender;
  16-23              (12)  Remain under custodial supervision in a community
  16-24  corrections facility, obey all rules and regulations of such
  16-25  facility, and pay a percentage of his income to the facility for
  16-26  room and board;
  16-27              (13)  Pay a percentage of his income to his dependents
   17-1  for their support while under custodial supervision in a community
   17-2  corrections facility;
   17-3              (14)  Submit to testing for alcohol or controlled
   17-4  substances;
   17-5              (15)  Attend counseling sessions for substance abusers
   17-6  or participate in substance abuse treatment services in a program
   17-7  or facility approved or licensed by the Texas Commission on Alcohol
   17-8  and Drug Abuse;
   17-9              (16)  Register under Article 6252-13c.1, Revised
  17-10  Statutes;
  17-11              (17)  With the consent of the victim of a misdemeanor
  17-12  offense or of any offense under Title 7, Penal Code,  participate
  17-13  in victim-defendant mediation;
  17-14              (18) <(19)>  Submit to electronic monitoring;
  17-15              (19) <(20)>  Reimburse the general revenue fund <crime
  17-16  victims compensation fund created under the Crime Victims
  17-17  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
  17-18  for any amounts paid under the Crime Victims' Compensation Act
  17-19  (Subchapter B, Chapter 56, of this code) from that fund to a
  17-20  victim, as defined by Article 56.01 of this code, of the
  17-21  defendant's offense;
  17-22              (20) <(21)>  Reimburse a law enforcement agency for the
  17-23  analysis, storage, or disposal of raw materials, controlled
  17-24  substances, chemical precursors, drug paraphernalia, or other
  17-25  materials seized in connection with the offense;
  17-26              (21) <(22)>  Pay all or part of the reasonable and
  17-27  necessary costs incurred by the victim for psychological counseling
   18-1  made necessary by the offense or for counseling and education
   18-2  relating to acquired immune deficiency syndrome or human
   18-3  immunodeficiency virus made necessary by the offense; <and>
   18-4              (22) <(23)>  Make one payment in an amount not to
   18-5  exceed $50 to a local crime stoppers program as defined by Section
   18-6  414.001, Government Code, and as certified by the Crime Stoppers
   18-7  Advisory Council; and
   18-8              (23)  Submit a blood sample or other specimen to the
   18-9  Department of Public Safety under Subchapter G, Chapter 411,
  18-10  Government Code, for the purpose of creating a DNA record of the
  18-11  defendant.
  18-12        SECTION 4.  (a)  The director of the Department of Public
  18-13  Safety shall adopt the rules required by Subchapter G, Chapter 411,
  18-14  Government Code, as added by this Act, not later than January 1,
  18-15  1996.
  18-16        (b)  The requirement that the institutional division of the
  18-17  Texas Department of Criminal Justice collect a blood sample or
  18-18  other specimen during the diagnostic process from an inmate
  18-19  described by Section 411.148(a), Government Code, as added by this
  18-20  Act, applies only to an inmate who has not completed the diagnostic
  18-21  process before February 1, 1996.  The division shall collect a
  18-22  blood sample from an inmate confined in the division who has
  18-23  completed the diagnostic process before February 1, 1996, not later
  18-24  than the 90th day before the inmate's earliest parole eligibility
  18-25  date, unless the inmate's earliest parole eligibility date is
  18-26  before May 1, 1996, in which event the division shall collect the
  18-27  sample as soon as possible after February 1, 1996.
   19-1        SECTION 5.  (a)  The change in law made by this Act to
   19-2  Section 11(a), Article 42.12, Code of Criminal Procedure, applies
   19-3  only to a person convicted of an offense committed on or after
   19-4  January 1, 1996.  For the purpose of this section, an offense is
   19-5  committed before January 1, 1996, if any element of the offense
   19-6  occurs before that date.
   19-7        (b)  A person convicted of an offense committed before
   19-8  January 1, 1996, is covered by the law in effect immediately before
   19-9  this Act takes effect, and the former law is continued in effect
  19-10  for that purpose.
  19-11        SECTION 6.  (a)  The requirement that the Texas Youth
  19-12  Commission collect a blood sample or other specimen from a juvenile
  19-13  described by Section 411.150, Government Code, as added by this
  19-14  Act, applies only to a juvenile who is adjudicated for conduct
  19-15  violating a penal law of the state that occurs on or after January
  19-16  1, 1996.  For purposes of this section, conduct violating a penal
  19-17  law of the state occurs before January 1, 1996, if any element of
  19-18  the violation occurs before that date.
  19-19        (b)  A juvenile adjudicated for conduct violating a penal law
  19-20  of the state that occurs before January 1, 1996, is covered by the
  19-21  law in effect immediately before this Act takes effect, and the
  19-22  former law is continued in effect for that purpose.
  19-23        SECTION 7.  This Act takes effect September 1, 1995.
  19-24        SECTION 8.  The importance of this legislation and the
  19-25  crowded condition of the calendars in both houses create an
  19-26  emergency and an imperative public necessity that the
  19-27  constitutional rule requiring bills to be read on three several
   20-1  days in each house be suspended, and this rule is hereby suspended.