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                               * * * * *