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.