By McCall, Van de Putte, Oakley H.B. No. 40
74R176(1) CLG-D
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 data base; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-6 by adding Chapter 61 to read as follows:
1-7 CHAPTER 61. DNA DATA BASE SYSTEM
1-8 Art. 61.01. DEFINITIONS. In this chapter:
1-9 (1) "Department" means the Department of Public
1-10 Safety.
1-11 (2) "DNA" means deoxyribonucleic acid.
1-12 (3) "DNA data base" means the data base that contains
1-13 DNA records maintained by the department.
1-14 (4) "DNA laboratory" means a laboratory that performs
1-15 DNA analysis on specimens derived from a human body.
1-16 (5) "DNA record" means the results of a DNA analysis
1-17 performed by a DNA laboratory and, if known, the name of the person
1-18 who is the subject of the DNA analysis.
1-19 Art. 61.02. OBTAINING AND PRESERVING BLOOD SPECIMENS FOR
1-20 INVESTIGATION. (a) The institutional division of the Texas
1-21 Department of Criminal Justice shall obtain a blood specimen from
1-22 each inmate who is serving a sentence for an offense under the
1-23 following sections of the Penal Code:
1-24 (1) Section 21.11 (indecency with a child);
2-1 (2) Section 22.011 (sexual assault); or
2-2 (3) Section 22.021 (aggravated sexual assault).
2-3 (b) The institutional division shall obtain the specimen
2-4 from the inmate not later than the 90th day before the inmate's
2-5 earliest parole eligibility date.
2-6 (c) The department shall provide to the institutional
2-7 division vials, mailing tubes, labels, and instructions for the
2-8 collection of the specimen under this article.
2-9 (d) The institutional division shall preserve each specimen
2-10 collected under this article and maintain a record of the
2-11 collection of the specimen.
2-12 (e) The institutional division shall send each specimen to
2-13 the department to be scientifically analyzed for the purpose of
2-14 determining DNA identification characteristics specific to the
2-15 inmate from whom the specimen was collected.
2-16 (f) The Texas Board of Criminal Justice, with the assistance
2-17 of the department, by rule shall develop procedures for collecting
2-18 blood specimens from inmates in a medically approved manner by a
2-19 physician, or a registered nurse, licensed vocational nurse,
2-20 clinical laboratory technologist, or clinical laboratory bioanalyst
2-21 who is under the supervision of a physician, and for preserving and
2-22 shipping the specimens in a manner that permits accurate DNA
2-23 analysis at a later date.
2-24 (g) The department may contract with a DNA laboratory or a
2-25 state agency to perform the DNA analysis of the specimens sent to
2-26 the department. The laboratory or agency must:
2-27 (1) perform the DNA analysis according to quality
3-1 assurance standards issued by the Federal Bureau of Investigation;
3-2 and
3-3 (2) produce DNA analysis results that meet the
3-4 acceptance criteria established by the Federal Bureau of
3-5 Investigation for inclusion of DNA records in the national DNA
3-6 identification index system (CODIS).
3-7 Art. 61.03. DNA DATA BASE. (a) The department shall record
3-8 DNA data and establish and maintain a computerized DNA data base
3-9 that serves as the record creation point for DNA records.
3-10 (b) The DNA data base shall provide law enforcement agencies
3-11 with an accurate DNA records depository to assist the agencies in
3-12 criminal investigations and proceedings.
3-13 (c) The department, with advice from the Department of
3-14 Information Resources, shall develop biennial plans to improve the
3-15 reporting and accuracy of the DNA data base and to develop and
3-16 maintain monitoring systems capable of identifying inaccurate or
3-17 incomplete information.
3-18 (d) The DNA data base must be compatible with the national
3-19 DNA identification index system (CODIS) used by the Federal Bureau
3-20 of Investigation to the extent necessary to permit the exchange and
3-21 storage of DNA records.
3-22 (e) The DNA data base must contain the following
3-23 information:
3-24 (1) a DNA record for each inmate described by Article
3-25 61.02 of this code;
3-26 (2) a DNA record for specimens collected from a human
3-27 body recovered from a crime scene; and
4-1 (3) a record of the requests made for DNA records
4-2 under this chapter.
4-3 (f) The DNA data base may not include criminal history
4-4 record information.
4-5 Art. 61.04. REQUESTS FOR DNA RECORDS OR BLOOD SPECIMENS.
4-6 (a) The department may release all or part of a DNA record or
4-7 blood specimen collected under this article only on written request
4-8 and only as provided by this subsection. The department may
4-9 release:
4-10 (1) a DNA record to a federal, state, or local law
4-11 enforcement agency for the purpose of determining the identity of a
4-12 suspect in a criminal investigation;
4-13 (2) a DNA record related to a defendant's case to the
4-14 defendant in a criminal case;
4-15 (3) a DNA analysis, without the name of the person who
4-16 is the subject of the DNA analysis, to a DNA laboratory for the
4-17 purpose of supporting:
4-18 (A) the development of statistical population
4-19 frequency data bases; and
4-20 (B) identification research and protocol
4-21 development for forensic DNA analysis and quality control;
4-22 (4) the number of requests made for a defendant's DNA
4-23 record and the name of the requesting person, agency, or entity to
4-24 the defendant in a criminal case;
4-25 (5) a DNA record of a person who consents in writing
4-26 to the release of the record to another person, agency, or entity;
4-27 or
5-1 (6) a blood specimen collected under this article to a
5-2 DNA laboratory located in this state for the purpose of analyzing
5-3 the specimen to determine the identity of a suspect in a criminal
5-4 investigation.
5-5 (b) The department shall maintain at the DNA data base a
5-6 record of requests made under this article.
5-7 (c) The Public Safety Commission by rule shall develop
5-8 procedures relating to the release of DNA records or analysis from
5-9 the DNA data base.
5-10 (d) A DNA laboratory that receives a blood specimen under
5-11 Subsection (a)(6) of this article may release information related
5-12 to an analysis of the specimen only to the department or a federal,
5-13 state, or local law enforcement agency.
5-14 Art. 61.05. EXPUNCTION OF DNA RECORDS. The department shall
5-15 expunge a DNA record of a person from the DNA data base if the
5-16 person:
5-17 (1) notifies the department in writing that:
5-18 (A) a court has reversed the person's conviction
5-19 on which authority for including the person's DNA record in the DNA
5-20 data base was based; and
5-21 (B) the case against the person has been
5-22 dismissed; and
5-23 (2) provides the department with a certified copy of
5-24 the court order that reversed the conviction and dismissed the
5-25 case.
5-26 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS AND ANALYSIS;
5-27 CRIMINAL PENALTY. (a) Except as provided by Article 61.04 of this
6-1 code, a DNA record stored in the DNA data base or information
6-2 related to a DNA analysis of a blood specimen is confidential and
6-3 is not subject to disclosure under the open records law, Chapter
6-4 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
6-5 6252-17a, Vernon's Texas Civil Statutes).
6-6 (b) A person commits an offense if the person knowingly
6-7 discloses information in a DNA record or information related to a
6-8 DNA analysis of a blood specimen except as authorized by this
6-9 chapter. An offense under this subsection is a Class A
6-10 misdemeanor.
6-11 SECTION 2. (a) The Texas Board of Criminal Justice shall
6-12 adopt the rules required by Article 61.02, Code of Criminal
6-13 Procedure, as added by this Act, not later than April 1, 1996.
6-14 (b) The requirement that the institutional division of the
6-15 Texas Department of Criminal Justice collect a blood specimen from
6-16 an inmate described by Subsection (a), Article 61.02, Code of
6-17 Criminal Procedure, as added by this Act, applies only to an inmate
6-18 whose earliest parole eligibility date is on or after July 1, 1996.
6-19 If the inmate's earliest parole eligibility date is before July 1,
6-20 1996, the division shall collect the specimen as soon as possible
6-21 after April 1, 1996.
6-22 SECTION 3. This Act takes effect January 1, 1996.
6-23 SECTION 4. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended.