1-1 By: McCall, et al. (Senate Sponsor - Armbrister) H.B. No. 40
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on
1-4 Criminal Justice; May 22, 1995, reported favorably, as amended, by
1-5 the following vote: Yeas 4, Nays 0; May 22, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: West
1-8 AMEND H.B. 40 as follows:
1-9 Amend Section 1, creating 411.148, Government Code, by
1-10 deleting subdivisions (1), (2) and (3) of Subsection (a) of
1-11 411.148, Government Code, (at Page 10, lines 8-22, House
1-12 Engrossment), and substituting the following:
1-13 (1) an offense under one or more of the following Penal Code
1-14 provisions:
1-15 (A) Section 21.11 (indecency with a child);
1-16 (B) Section 22.011 (sexual assault);
1-17 (C) Section 22.021 (aggravated sexual assault);
1-18 (D) Section 20.04(a)(4) (aggravated kidnapping), if
1-19 the defendant committed the offense with intent to violate or abuse
1-20 the victim sexually; or
1-21 (E) Section 30.02 (burglary), if the offense is
1-22 punishable under Subsection (d) of that section and the defendant
1-23 committed the offense with intent to commit a felony listed in
1-24 Paragraph (A), (B), (C), or (D) of this subdivision; or
1-25 (2) any offense if the inmate has previously been convicted
1-26 of:
1-27 (A) an offense described in Subsection (a)(1); or
1-28 (B) an offense under federal law or laws of another
1-29 state that involves the same conduct as a offense described by
1-30 Subsection (a)(1).
1-31 Amend Section 1, creating Section 411.148, Government Code,
1-32 by deleting Subsection (e) (at Page 11, lines 17-24, House
1-33 Engrossment).
1-34 Amend Section 1, creating Section 411.148, Government Code,
1-35 by deleting "(f)" (at page 11, line 25, House Engrossment)
1-36 inserting "(e)".
1-37 Amend Section 1, creating Section 411.150, Government Code,
1-38 by deleting subdivisions (1), (2) and (3) of Subsection (a) (at
1-39 page 12, lines 14-27, and page 13, line 1, House Engrossment), and
1-40 inserting the following:
1-41 (1) one or more of the following Penal Code provisions:
1-42 (A) Section 21.11 (indecency with a child);
1-43 (B) Section 22.011 (sexual assault);
1-44 (C) Section 22.021 (aggravated sexual assault);
1-45 (D) Section 20.04(a)(4) (aggravated kidnapping), if
1-46 the defendant committed the offense with the intent to violate or
1-47 abuse the victim sexually; or
1-48 (E) Section 30.02 (burglary), if the offense is
1-49 punishable under Subsection (d) and the defendant committed the
1-50 offense with the intent to commit a felony listed in paragraph (A),
1-51 (B), (C), or (D) of this subdivision; or
1-52 (2) a penal law if the juvenile has previously been
1-53 adjudicated as having engaged in:
1-54 (A) a violation of a penal law described in Subsection
1-55 (a)(1); or
1-56 (B) a violation of a penal law under federal law or
1-57 the laws of another state that involves the same conduct as a
1-58 violation of a penal law described by Subsection (a)(1).
1-59 Amend Section 1, creating Section 411.150, Government Code,
1-60 by deleting Subsection (c) of Section 411.150 (at Page 13, lines
1-61 6-13, House Engrossment).
1-62 A BILL TO BE ENTITLED
1-63 AN ACT
1-64 relating to the requirement of DNA analysis of certain inmates and
1-65 to the creation of a DNA database; providing penalties.
1-66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-67 SECTION 1. Chapter 411, Government Code, is amended by
1-68 adding Subchapter G to read as follows:
2-1 SUBCHAPTER G. DNA DATABASE SYSTEM
2-2 Sec. 411.141. DEFINITIONS. In this subchapter:
2-3 (1) "DNA" means deoxyribonucleic acid.
2-4 (2) "DNA database" means the database that contains
2-5 forensic DNA records maintained by the director.
2-6 (3) "DNA laboratory" means a laboratory that performs
2-7 forensic DNA analysis on samples or specimens derived from a human
2-8 body or crime scene.
2-9 (4) "DNA record" means the results of a forensic DNA
2-10 analysis performed by a DNA laboratory and, if known, the name of
2-11 the person who is the subject of the analysis.
2-12 (5) "FBI" means the Federal Bureau of Investigation.
2-13 (6) "Institution of higher education" has the meaning
2-14 assigned by Section 61.003, Education Code.
2-15 (7) "Institutional division" means the institutional
2-16 division of the Texas Department of Criminal Justice.
2-17 (8) "Penal institution" has the meaning assigned by
2-18 Section 1.07, Penal Code.
2-19 Sec. 411.142. DNA DATABASE. (a) The director shall record
2-20 DNA data and establish and maintain a computerized database that
2-21 serves as the central depository in the state for DNA records.
2-22 (b) The director may maintain the DNA database in the
2-23 department's crime laboratory in Austin or another suitable
2-24 location.
2-25 (c) The director may receive, analyze, store, and destroy a
2-26 record, blood sample, or other specimen for the purposes described
2-27 by Section 411.143.
2-28 (d) The DNA database must be capable of classifying,
2-29 matching, and storing the results of analyses of DNA and other
2-30 biological molecules.
2-31 (e) The director, with advice from the Department of
2-32 Information Resources, shall develop biennial plans to:
2-33 (1) improve the reporting and accuracy of the DNA
2-34 database; and
2-35 (2) develop and maintain a monitoring system capable
2-36 of identifying inaccurate or incomplete information.
2-37 (f) The DNA database must be compatible with the national
2-38 DNA identification index system (CODIS) used by the FBI to the
2-39 extent required by the FBI to permit the useful exchange and
2-40 storage of DNA records or information derived from those records.
2-41 (g) The DNA database may contain DNA records for the
2-42 following:
2-43 (1) a person described by Section 411.148 or 411.150;
2-44 (2) a biological specimen of a deceased victim of a
2-45 crime;
2-46 (3) a biological specimen that is legally obtained in
2-47 the investigation of a crime, regardless of origin;
2-48 (4) an unidentified missing person, or unidentified
2-49 skeletal remains or body parts;
2-50 (5) a close biological relative of a person who has
2-51 been reported missing to a law enforcement agency;
2-52 (6) a person at risk of becoming lost, such as a child
2-53 or a person declared by a court to be mentally incapacitated, if
2-54 the record is required by court order or a parent, conservator, or
2-55 guardian of the person consents to the record; or
2-56 (7) an unidentified person, if the record does not
2-57 contain personal identifying information.
2-58 Sec. 411.143. PURPOSES. (a) The principal purpose of the
2-59 DNA database is to assist federal, state, or local criminal justice
2-60 or law enforcement agencies in the investigation or prosecution of
2-61 sex-related offenses or other offenses in which biological evidence
2-62 is recovered.
2-63 (b) In criminal cases, the purposes of the DNA database are
2-64 only for use in the investigation of an offense, the exclusion or
2-65 identification of suspects, and the prosecution of the case.
2-66 (c) Other purposes of the database include:
2-67 (1) assisting in the recovery or identification of
2-68 human remains from a disaster or for humanitarian purposes;
2-69 (2) assisting in the identification of living or
2-70 deceased missing persons; and
3-1 (3) establishing a population statistics database that
3-2 does not contain personal identifying information.
3-3 (d) The information contained in the DNA database may not be
3-4 collected, analyzed, or stored to obtain information about human
3-5 physical traits or predisposition for disease unless the purpose
3-6 for obtaining the information is related to a purpose described by
3-7 this section.
3-8 (e) The director may not store a name or other personal
3-9 identifying information in the CODIS database. A file or reference
3-10 number to another information system may be included in the CODIS
3-11 database only if the director determines the information is
3-12 necessary to:
3-13 (1) generate an investigative lead or exclusion;
3-14 (2) support the statistical interpretation of a test
3-15 result; or
3-16 (3) allow for the successful implementation of the DNA
3-17 database.
3-18 (f) Except as provided by this subchapter, the DNA database
3-19 may not include criminal history record information.
3-20 Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.
3-21 (a) The director by rule shall establish procedures for a DNA
3-22 laboratory or criminal justice or law enforcement agency in the
3-23 collection, preservation, shipment, analysis, and use of a blood
3-24 sample or other specimen for forensic DNA analysis in a manner that
3-25 permits the exchange of DNA evidence between DNA laboratories and
3-26 the use of the evidence in a criminal case.
3-27 (b) A DNA laboratory or criminal justice or law enforcement
3-28 agency shall follow the procedures:
3-29 (1) established by the director under this section;
3-30 and
3-31 (2) specified by the FBI, including use of comparable
3-32 test procedures, laboratory equipment, supplies, and computer
3-33 software.
3-34 (c) The director may at any reasonable time enter and
3-35 inspect the premises or audit the procedures of any DNA laboratory
3-36 that provides DNA records or DNA forensic analyses to the
3-37 department under this subchapter.
3-38 (d) A DNA laboratory conducting a DNA analysis under this
3-39 subchapter shall:
3-40 (1) forward the DNA record of the analysis to the
3-41 director at the department's crime laboratory or another location
3-42 as required by the department; and
3-43 (2) comply with this subchapter and rules adopted
3-44 under this subchapter.
3-45 (e) If a DNA laboratory violates this subchapter or a rule
3-46 adopted under this subchapter, the director may prohibit the
3-47 laboratory from exchanging DNA records with another DNA laboratory
3-48 or criminal justice or law enforcement agency. A DNA laboratory
3-49 prohibited from exchanging DNA records under this subsection may
3-50 petition the director for a hearing to show cause why the
3-51 laboratory's authority to exchange DNA records should be
3-52 reinstated.
3-53 (f) The director is the liaison for DNA data, records,
3-54 evidence, and other related matters between the FBI and a DNA
3-55 laboratory or a criminal justice or law enforcement agency.
3-56 (g) The director may:
3-57 (1) conduct DNA analyses; or
3-58 (2) contract with a laboratory, state agency, private
3-59 entity, or institution of higher education for services to perform
3-60 DNA analyses for the department.
3-61 (h) The institutional division may:
3-62 (1) collect a blood sample or other specimen for
3-63 forensic DNA analysis; or
3-64 (2) contract with a laboratory, state agency, private
3-65 entity, or institution of higher education for services to collect
3-66 a sample or other specimen under this subchapter.
3-67 Sec. 411.145. FEES. (a) The director may collect a
3-68 reasonable fee under this subchapter:
3-69 (1) for the DNA analysis of a blood sample or other
3-70 specimen submitted voluntarily to the department; or
4-1 (2) for providing population statistics data or other
4-2 appropriate research data.
4-3 (b) A fee collected under this section shall be deposited in
4-4 the state treasury to the credit of the state highway fund and may
4-5 be used only to defray the cost of administering this subchapter.
4-6 Sec. 411.146. BLOOD SAMPLES OR OTHER SPECIMENS. (a) The
4-7 director may not accept a blood sample or other specimen taken from
4-8 a person who is not deceased that is submitted voluntarily or as
4-9 required by Section 411.148 or 411.150 unless the sample or
4-10 specimen is collected in a medically approved manner by:
4-11 (1) a physician, registered nurse, licensed vocational
4-12 nurse, licensed clinical laboratory technologist; or
4-13 (2) another person who is trained to properly collect
4-14 blood samples or other specimens and supervised by a licensed
4-15 physician.
4-16 (b) A person collecting a blood sample or other specimen
4-17 under this section may not be held liable in any civil or criminal
4-18 action if the person collects the sample or specimen in a
4-19 reasonable manner according to generally accepted medical or other
4-20 professional practices.
4-21 (c) The director shall provide at no cost to a person
4-22 described by Subsection (a) the specimen vials, mailing tubes and
4-23 labels, report forms, and instructions for collection of blood
4-24 samples or other specimens under this section.
4-25 (d) A person who collects a blood sample or other specimen
4-26 under this section shall send the sample or specimen to:
4-27 (1) the director at the department's crime laboratory;
4-28 or
4-29 (2) another location as required by the director by
4-30 rule.
4-31 (e) A DNA laboratory may analyze a blood sample collected
4-32 under this section or other DNA specimen only:
4-33 (1) to type the genetic markers contained in the
4-34 sample or specimen;
4-35 (2) for criminal justice and law enforcement purposes;
4-36 or
4-37 (3) for other purposes described by this subchapter.
4-38 (f) If possible, a second DNA specimen must be obtained from
4-39 a suspect in a criminal investigation if forensic DNA evidence is
4-40 necessary for use as substantive evidence in the prosecution of a
4-41 case.
4-42 Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The
4-43 director by rule shall establish procedures:
4-44 (1) to prevent unauthorized access to the DNA
4-45 database; and
4-46 (2) to release DNA records, specimens, or analyses
4-47 from the DNA database.
4-48 (b) The director may adopt rules relating to the internal
4-49 disclosure, access, or use of a sample, specimen, or DNA record in
4-50 the department or a DNA laboratory.
4-51 (c) Except as otherwise provided by this section, the
4-52 director or a DNA laboratory that conducts forensic DNA analyses in
4-53 the state may disclose a DNA record or allow access to a DNA
4-54 sample, specimen, or analysis only on written request or court
4-55 order and only as provided by this section.
4-56 (d) The director may release all or part of a DNA record to:
4-57 (1) a DNA laboratory for identification purposes;
4-58 (2) a criminal justice or law enforcement agency for
4-59 law enforcement purposes;
4-60 (3) a defendant or defense counsel for criminal
4-61 defense purposes as required by a court order if the DNA database
4-62 was used during the underlying investigation of the defendant; or
4-63 (4) any person as authorized by a court, statute, or
4-64 other law.
4-65 (e) The director may release all or part of a DNA record,
4-66 except personal identifying information contained in the record, to
4-67 any entity for:
4-68 (1) the development of statistical population
4-69 frequency databases;
4-70 (2) identification research;
5-1 (3) protocol development for forensic DNA analysis and
5-2 quality control; or
5-3 (4) submission to CODIS.
5-4 (f) The director may release a record of the number of
5-5 requests made for a defendant's DNA record and the name of the
5-6 requesting person.
5-7 (g) The director may release a DNA record of a person who
5-8 consents in writing to the release of the record to another person.
5-9 (h) A law enforcement agency may have access to DNA
5-10 specimens through the agency's laboratory for law enforcement
5-11 purposes.
5-12 (i) The director shall maintain a record of requests made
5-13 under this section.
5-14 (j) The director or a DNA laboratory may respond to a
5-15 nonwritten request for access to a DNA sample or other specimen or
5-16 a DNA record by:
5-17 (1) providing to the requestor the sample, specimen,
5-18 or record without personal identifying information related to the
5-19 sample or specimen or contained in the record; or
5-20 (2) stating that a sample, specimen, or record does
5-21 exist for a DNA profile or person and that the sample, specimen, or
5-22 record may be retrieved only by written request.
5-23 (k) A written request for a DNA profile under this section
5-24 may reference the sample, specimen, or record identification
5-25 number.
5-26 Sec. 411.148. DNA RECORDS OF CERTAIN INMATES. (a) An
5-27 inmate of the institutional division or other penal institution
5-28 shall provide one or more blood samples or other specimens taken by
5-29 or at the request of the institutional division for the purpose of
5-30 creating a DNA record if the inmate is ordered by a court to give
5-31 the sample or specimen or is serving a sentence for:
5-32 (1) an offense under one or more of the following
5-33 Penal Code provisions:
5-34 (A) Section 21.11 (indecency with a child);
5-35 (B) Section 22.011 (sexual assault); or
5-36 (C) Section 22.021 (aggravated sexual assault);
5-37 (2) a felony offense for which the court enters an
5-38 affirmative finding in the judgment as provided by Subsection (e);
5-39 or
5-40 (3) any offense if the inmate has previously been
5-41 convicted of:
5-42 (A) an offense described by Subsection (a)(1);
5-43 or
5-44 (B) an offense under federal law or the laws of
5-45 another state that involves the same conduct as an offense
5-46 described by Subsection (a)(1).
5-47 (b) The institutional division shall obtain the sample or
5-48 specimen from an inmate of the division during the diagnostic
5-49 process. The institutional division shall obtain the sample or
5-50 specimen from an inmate confined in another penal institution as
5-51 soon as practicable if the Board of Pardons and Paroles informs the
5-52 division that the inmate is likely to be paroled before being
5-53 admitted to the division. The administrator of the other penal
5-54 institution shall cooperate with the institutional division as
5-55 necessary to allow the institutional division to perform its duties
5-56 under this section.
5-57 (c) The institutional division shall:
5-58 (1) preserve each blood sample or other specimen
5-59 collected;
5-60 (2) maintain a record of the collection of the sample
5-61 or specimen; and
5-62 (3) send the sample or specimen to the director for
5-63 scientific analysis under this subchapter.
5-64 (d) An inmate may not be held past a statutory release date
5-65 if the inmate fails or refuses to provide a blood sample or other
5-66 specimen under this section. A penal institution may take other
5-67 lawful administrative action against the inmate.
5-68 (e) If there is an affirmative finding in a trial of a
5-69 felony offense that the offense involved a specific intent to
5-70 arouse or gratify the sexual desire of any person, the court shall
6-1 enter that finding in the judgment. A court entering an
6-2 affirmative finding in a judgment under this subsection shall
6-3 provide an opportunity for a hearing to the person who is subject
6-4 to the judgment. An issue under this subsection may not be
6-5 submitted to a jury as a question of fact.
6-6 (f) The institutional division shall notify the director
6-7 that an inmate described by Subsection (a) is to be released from
6-8 the institutional division not earlier than the 120th day before
6-9 the inmate's release date and not later than the 90th day before
6-10 the inmate's release date.
6-11 Sec. 411.149. VOLUNTARY SUBMISSION OF BLOOD SAMPLES. A
6-12 person may voluntarily submit a blood sample or other specimen to
6-13 the department for the purpose of creating a DNA record under this
6-14 subchapter.
6-15 Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A
6-16 juvenile who is committed to the Texas Youth Commission shall
6-17 provide one or more blood samples or other specimens taken by or at
6-18 the request of the commission for the purpose of creating a DNA
6-19 record if the juvenile is ordered by a juvenile court to give the
6-20 sample or specimen or is committed to the commission for an
6-21 adjudication as having engaged in delinquent conduct that violates:
6-22 (1) one or more of the following Penal Code
6-23 provisions:
6-24 (A) Section 21.11 (indecency with a child);
6-25 (B) Section 22.011 (sexual assault); or
6-26 (C) Section 22.021 (aggravated sexual assault);
6-27 (2) a penal law of the grade of felony for which the
6-28 juvenile court enters an affirmative finding in the judgment as
6-29 provided by Subsection (c); or
6-30 (3) a penal law if the juvenile has previously been
6-31 adjudicated as having engaged in:
6-32 (A) a violation of a penal law described by
6-33 Subsection (a)(1); or
6-34 (B) a violation of a penal law under federal law
6-35 or the laws of another state that involves the same conduct as a
6-36 violation of a penal law described by Subsection (a)(1).
6-37 (b) The department, in conjunction with the Texas Youth
6-38 Commission, shall adopt rules regarding the collection,
6-39 preservation, and shipment of a blood sample or other specimen of a
6-40 juvenile described by this section.
6-41 (c) If there is an affirmative finding in the adjudication
6-42 of a juvenile that the juvenile's conduct involved a specific
6-43 intent to arouse or gratify the sexual desire of any person, the
6-44 juvenile court shall enter that finding in the judgment. A
6-45 juvenile court entering an affirmative finding in a judgment under
6-46 this subsection shall provide an opportunity for a hearing to the
6-47 juvenile who is subject to the judgment. An issue under this
6-48 subsection may not be submitted to a jury as a question of fact.
6-49 Sec. 411.151. EXPUNCTION OF DNA RECORDS. (a) The director
6-50 shall expunge a DNA record of a person from the DNA database if the
6-51 person:
6-52 (1) notifies the director in writing that the DNA
6-53 record has been ordered to be expunged under this section or
6-54 Chapter 55, Code of Criminal Procedure; and
6-55 (2) provides the director with a certified copy of the
6-56 court order that expunges the DNA record.
6-57 (b) A person may petition for the expunction of a DNA record
6-58 under the procedures established under Article 55.02, Code of
6-59 Criminal Procedure, if the person is entitled to the expunction of
6-60 records relating to the offense to which the DNA record is related
6-61 under Article 55.01, Code of Criminal Procedure.
6-62 Sec. 411.152. RULES. The director may adopt rules necessary
6-63 to administer or enforce this subchapter.
6-64 Sec. 411.153. CONFIDENTIALITY OF DNA RECORDS. (a) A DNA
6-65 record stored in the DNA database is confidential and is not
6-66 subject to disclosure under the open records law, Chapter 552.
6-67 (b) A person commits an offense if the person knowingly
6-68 discloses information in a DNA record or information related to a
6-69 DNA analysis of a blood specimen except as authorized by this
6-70 chapter. An offense under this subsection is a misdemeanor
7-1 punishable by:
7-2 (1) a fine of not more than $1,000;
7-3 (2) confinement in the county jail for not more than
7-4 six months; or
7-5 (3) both the fine and confinement.
7-6 (c) A violation under this section constitutes official
7-7 misconduct.
7-8 Sec. 411.154. ENFORCEMENT BY COURT ORDER. (a) On the
7-9 request of the director, a district or county attorney or the
7-10 attorney general may petition a district court for an order
7-11 requiring a person to:
7-12 (1) comply with this subchapter or a rule adopted
7-13 under this subchapter; or
7-14 (2) refrain from acting in violation of this
7-15 subchapter or a rule adopted under this subchapter.
7-16 (b) The court may issue an order requiring a person:
7-17 (1) to act in compliance with this subchapter or a
7-18 rule adopted under this subchapter;
7-19 (2) to refrain from acting in violation of this
7-20 subchapter or a rule adopted under this subchapter;
7-21 (3) to give a blood sample or other specimen; or
7-22 (4) if the person has already given a blood sample or
7-23 other specimen, to give another sample if good cause is shown.
7-24 (c) An order issued under this section is appealable as a
7-25 criminal matter and if appealed is to be reviewed under an abuse of
7-26 discretion standard.
7-27 SECTION 2. Chapter 38, Code of Criminal Procedure, is
7-28 amended by adding Article 38.351 to read as follows:
7-29 Art. 38.351. ADMISSIBILITY OF FORENSIC DNA ANALYSIS.
7-30 (a) In this article:
7-31 (1) "DNA" means deoxyribonucleic acid.
7-32 (2) "DNA laboratory" means a laboratory that performs
7-33 forensic DNA analysis on specimens derived from a human body or
7-34 crime scene.
7-35 (b) The relevant results of a forensic DNA analysis are
7-36 admissible in a criminal proceeding for purposes of proving or
7-37 disproving identity unless the court finds that the results are
7-38 unreliable or untrustworthy as evidence because a DNA laboratory or
7-39 law enforcement agency that collected, preserved, shipped, stored,
7-40 analyzed, or used a blood sample or other specimen on which the
7-41 results of the DNA analysis are based failed to substantially
7-42 comply with:
7-43 (1) Subchapter G, Chapter 411, Government Code, or a
7-44 rule adopted by the director of the Department of Public Safety
7-45 under that subchapter; or
7-46 (2) a similar law or rule in another state, if the DNA
7-47 laboratory or law enforcement agency acted in that state with
7-48 regard to the blood sample or other specimen.
7-49 (c) In addition to the results of a forensic DNA analysis, a
7-50 court may admit other evidence relevant to a material issue in the
7-51 proceeding, including:
7-52 (1) evidence offered to prove or disprove identity
7-53 that is not based on the results of a DNA analysis; or
7-54 (2) evidence of the probability of identity
7-55 established by a particular forensic DNA match.
7-56 (d) Expert testimony about the reliability and
7-57 trustworthiness of the use of DNA as a scientific technique or the
7-58 relevance of using DNA to prove or disprove identity is not
7-59 necessary for the results of a forensic DNA analysis to be admitted
7-60 as evidence under this article.
7-61 SECTION 3. Section 11(a), Article 42.12, Code of Criminal
7-62 Procedure, as amended by Chapters 806 and 900, Acts of the 73rd
7-63 Legislature, Regular Session, 1993, is amended to read as follows:
7-64 (a) The judge of the court having jurisdiction of the case
7-65 shall determine the conditions of community supervision and may, at
7-66 any time, during the period of community supervision alter or
7-67 modify the conditions as provided by Sections 10 and 22 of this
7-68 article. The judge may impose any reasonable condition that is
7-69 designed to protect or restore the community, protect or restore
7-70 the victim, or punish, rehabilitate, or reform the defendant.
8-1 Conditions of community supervision may include, but shall not be
8-2 limited to, the conditions that the defendant shall:
8-3 (1) Commit no offense against the laws of this State
8-4 or of any other State or of the United States;
8-5 (2) Avoid injurious or vicious habits;
8-6 (3) Avoid persons or places of disreputable or harmful
8-7 character;
8-8 (4) Report to the supervision officer as directed by
8-9 the judge or supervision officer and obey all rules and regulations
8-10 of the community supervision and corrections department;
8-11 (5) Permit the supervision officer to visit him at his
8-12 home or elsewhere;
8-13 (6) Work faithfully at suitable employment as far as
8-14 possible;
8-15 (7) Remain within a specified place;
8-16 (8) Pay his fine, if one be assessed, and all court
8-17 costs whether a fine be assessed or not, in one or several sums;
8-18 (9) Support his dependents;
8-19 (10) Participate, for a time specified by the judge in
8-20 any community-based program, including a community-service work
8-21 program under Section 16 of this article;
8-22 (11) Reimburse the county in which the prosecution was
8-23 instituted for compensation paid to appointed counsel for defending
8-24 him in the case, if counsel was appointed, or if he was represented
8-25 by a county-paid public defender, in an amount that would have been
8-26 paid to an appointed attorney had the county not had a public
8-27 defender;
8-28 (12) Remain under custodial supervision in a community
8-29 corrections facility, obey all rules and regulations of such
8-30 facility, and pay a percentage of his income to the facility for
8-31 room and board;
8-32 (13) Pay a percentage of his income to his dependents
8-33 for their support while under custodial supervision in a community
8-34 corrections facility;
8-35 (14) Submit to testing for alcohol or controlled
8-36 substances;
8-37 (15) Attend counseling sessions for substance abusers
8-38 or participate in substance abuse treatment services in a program
8-39 or facility approved or licensed by the Texas Commission on Alcohol
8-40 and Drug Abuse;
8-41 (16) Register under Article 6252-13c.1, Revised
8-42 Statutes;
8-43 (17) With the consent of the victim of a misdemeanor
8-44 offense or of any offense under Title 7, Penal Code, participate
8-45 in victim-defendant mediation;
8-46 (18) <(19)> Submit to electronic monitoring;
8-47 (19) <(20)> Reimburse the general revenue fund <crime
8-48 victims compensation fund created under the Crime Victims
8-49 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
8-50 for any amounts paid under the Crime Victims' Compensation Act
8-51 (Subchapter B, Chapter 56, of this code) from that fund to a
8-52 victim, as defined by Article 56.01 of this code, of the
8-53 defendant's offense;
8-54 (20) <(21)> Reimburse a law enforcement agency for the
8-55 analysis, storage, or disposal of raw materials, controlled
8-56 substances, chemical precursors, drug paraphernalia, or other
8-57 materials seized in connection with the offense;
8-58 (21) <(22)> Pay all or part of the reasonable and
8-59 necessary costs incurred by the victim for psychological counseling
8-60 made necessary by the offense or for counseling and education
8-61 relating to acquired immune deficiency syndrome or human
8-62 immunodeficiency virus made necessary by the offense; <and>
8-63 (22) <(23)> Make one payment in an amount not to
8-64 exceed $50 to a local crime stoppers program as defined by Section
8-65 414.001, Government Code, and as certified by the Crime Stoppers
8-66 Advisory Council; and
8-67 (23) Submit a blood sample or other specimen to the
8-68 Department of Public Safety under Subchapter G, Chapter 411,
8-69 Government Code, for the purpose of creating a DNA record of the
8-70 defendant.
9-1 SECTION 4. (a) The director of the Department of Public
9-2 Safety shall adopt the rules required by Subchapter G, Chapter 411,
9-3 Government Code, as added by this Act, not later than January 1,
9-4 1996.
9-5 (b) The requirement that the institutional division of the
9-6 Texas Department of Criminal Justice collect a blood sample or
9-7 other specimen during the diagnostic process from an inmate
9-8 described by Section 411.148(a), Government Code, as added by this
9-9 Act, applies only to an inmate who has not completed the diagnostic
9-10 process before February 1, 1996. The division shall collect a
9-11 blood sample from an inmate confined in the division who has
9-12 completed the diagnostic process before February 1, 1996, not later
9-13 than the 90th day before the inmate's earliest parole eligibility
9-14 date, unless the inmate's earliest parole eligibility date is
9-15 before May 1, 1996, in which event the division shall collect the
9-16 sample as soon as possible after February 1, 1996.
9-17 SECTION 5. (a) The change in law made by this Act to
9-18 Section 11(a), Article 42.12, Code of Criminal Procedure, applies
9-19 only to a person convicted of an offense committed on or after
9-20 January 1, 1996. For the purpose of this section, an offense is
9-21 committed before January 1, 1996, if any element of the offense
9-22 occurs before that date.
9-23 (b) A person convicted of an offense committed before
9-24 January 1, 1996, is covered by the law in effect immediately before
9-25 this Act takes effect, and the former law is continued in effect
9-26 for that purpose.
9-27 SECTION 6. (a) The requirement that the Texas Youth
9-28 Commission collect a blood sample or other specimen from a juvenile
9-29 described by Section 411.150, Government Code, as added by this
9-30 Act, applies only to a juvenile who is adjudicated for conduct
9-31 violating a penal law of the state that occurs on or after January
9-32 1, 1996. For purposes of this section, conduct violating a penal
9-33 law of the state occurs before January 1, 1996, if any element of
9-34 the violation occurs before that date.
9-35 (b) A juvenile adjudicated for conduct violating a penal law
9-36 of the state that occurs before January 1, 1996, is covered by the
9-37 law in effect immediately before this Act takes effect, and the
9-38 former law is continued in effect for that purpose.
9-39 SECTION 7. This Act takes effect September 1, 1995.
9-40 SECTION 8. The importance of this legislation and the
9-41 crowded condition of the calendars in both houses create an
9-42 emergency and an imperative public necessity that the
9-43 constitutional rule requiring bills to be read on three several
9-44 days in each house be suspended, and this rule is hereby suspended.
9-45 * * * * *