By: Madla S.B. No. 874
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement of DNA analysis of certain defendants
1-2 as a condition of community supervision and of certain inmates and
1-3 to the creation of a DNA database within the Department of Public
1-4 Safety of the State of Texas; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-7 by adding Chapter 61 to read as follows:
1-8 CHAPTER 61. DNA DATABASE SYSTEM
1-9 Art. 61.01. DEFINITIONS. In this chapter:
1-10 (1) "Community supervision and corrections department"
1-11 means a community supervision and corrections department
1-12 established under Article 42.131.
1-13 (2) "Criminal justice agency" has the meaning assigned
1-14 by Article 60.01.
1-15 (3) "Department" means the Department of Public Safety
1-16 of the State of Texas.
1-17 (4) "DNA" means deoxyribonucleic acid.
1-18 (5) "DNA analysis" means the scientific analysis of a
1-19 specimen for the purpose of determining DNA genetic marker
1-20 groupings specific to the specimen.
1-21 (6) "DNA database" means the database that contains
1-22 DNA records maintained by the department.
1-23 (7) "DNA laboratory" means a laboratory of the
1-24 Department of Public Safety of the State of Texas that performs DNA
2-1 analyses.
2-2 (8) "DNA record" means the results of a DNA analysis
2-3 performed by a DNA laboratory.
2-4 (9) "Institutional division" means the institutional
2-5 division of the Texas Department of Criminal Justice.
2-6 Art. 61.02. DNA DATABASE. (a) The department shall record
2-7 DNA data and establish and maintain a computerized DNA database
2-8 that serves as the record creation point for DNA records.
2-9 (b) The DNA database shall provide criminal justice agencies
2-10 with an accurate DNA records depository to assist the agencies in:
2-11 (1) conducting criminal investigations;
2-12 (2) participating in criminal proceedings; and
2-13 (3) if the relevant records are included in the
2-14 database, identifying human remains recovered by the agencies and
2-15 missing persons.
2-16 (c) Other purposes of the database include:
2-17 (1) assisting in the recovery or identification of
2-18 human remains from a disaster or for humanitarian purposes;
2-19 (2) assisting in the identification of living or
2-20 deceased missing persons; and
2-21 (3) if personal identifying information is removed:
2-22 (A) establishing a population statistics
2-23 database;
2-24 (B) assisting in identification research and
2-25 protocol development; and
2-26 (C) assisting in database quality control.
2-27 (d) The department, with advice from the Department of
3-1 Information Resources, shall develop biennial plans to improve the
3-2 reporting and accuracy of the DNA database and to develop and
3-3 maintain monitoring systems capable of identifying inaccurate or
3-4 incomplete information.
3-5 (e) The department shall establish standards for DNA
3-6 analysis by the DNA laboratory that meet or exceed the current
3-7 standards for quality assurance and proficiency testing for
3-8 forensic DNA analysis issued by the Federal Bureau of
3-9 Investigation. The DNA database may contain only DNA records of
3-10 DNA analyses performed according to the standards adopted by the
3-11 department.
3-12 (f) The DNA database must contain the following information:
3-13 (1) a DNA record for each inmate or defendant required
3-14 to provide a blood sample under Article 61.03(a) or Section 11(e),
3-15 Article 42.12;
3-16 (2) a DNA record for specimens derived from a human
3-17 body recovered from a crime scene; and
3-18 (3) a record of the requests made for DNA records
3-19 under this chapter.
3-20 (g) The DNA database may not include criminal history record
3-21 information.
3-22 (h) The DNA database may include:
3-23 (1) a DNA record of a family member or relative of a
3-24 missing person; or
3-25 (2) a DNA record of unidentified human remains.
3-26 (i) A DNA record may not be collected or stored to obtain
3-27 information about physical characteristic traits or predisposition
4-1 to disease and may not be used for any purpose other than to
4-2 facilitate personal identification of an offender or a missing or
4-3 deceased person.
4-4 (j) The Public Safety Commission, with the assistance of the
4-5 Texas Department of Health, by rule shall adopt procedures for the
4-6 collection and preservation of a specimen and the shipment of the
4-7 specimen to the DNA laboratory for DNA analysis and creation of a
4-8 DNA record under Subsection (f)(2) or (h).
4-9 (k) The Public Safety Commission by rule shall approve an
4-10 objective form of DNA analysis test, such as numerical
4-11 representation of DNA fragment lengths, digital image of
4-12 autoradiographies, or discrete allele assignment numbers, for a
4-13 specimen submitted to the DNA laboratory for DNA analysis.
4-14 Art. 61.03. OBTAINING AND PRESERVING CERTAIN BLOOD SAMPLES
4-15 FOR INVESTIGATION. (a) The institutional division shall obtain
4-16 for inclusion in the DNA database a blood sample from each inmate
4-17 who is serving a sentence for an offense under one or more of the
4-18 following sections of the Penal Code:
4-19 (1) Section 20.04(a)(4) (aggravated kidnapping), if
4-20 the defendant committed the offense with the intent to violate or
4-21 abuse the victim sexually;
4-22 (2) Section 21.11 (indecency with a child);
4-23 (3) Section 22.011 (sexual assault);
4-24 (4) Section 22.021 (aggravated sexual assault);
4-25 (5) Section 25.02 (prohibited sexual conduct); or
4-26 (6) Section 30.02 (burglary), punishable under
4-27 Subsection (d) of that section, if the defendant committed the
5-1 offense with the intent to commit a felony listed in this
5-2 subsection.
5-3 (b) The institutional division shall take the blood sample
5-4 from each inmate described by Subsection (a) not later than the
5-5 30th day after the date on which the inmate is transferred to the
5-6 custody of the division.
5-7 (c) The community supervision and corrections department
5-8 supervising a defendant placed on community supervision and
5-9 required to provide a blood sample under Section 11(e), Article
5-10 42.12, shall collect a blood sample from the defendant as provided
5-11 by the order of the court granting community supervision.
5-12 (d) The Texas Department of Criminal Justice shall provide
5-13 all equipment necessary for the collection and preservation of
5-14 blood samples under this article. The institutional division or a
5-15 community supervision and corrections department may employ or
5-16 contract for the services of a qualified person to withdraw blood
5-17 samples under this article. Only a licensed physician, registered
5-18 nurse, or other person approved as qualified to withdraw blood by
5-19 the Texas Department of Health is qualified to withdraw blood for
5-20 the purposes of this article.
5-21 (e) The institutional division or community supervision and
5-22 corrections department shall maintain a record of the taking of the
5-23 blood sample.
5-24 (f) The institutional division or community supervision and
5-25 corrections department shall send the blood sample to the DNA
5-26 laboratory for DNA analysis. The DNA laboratory shall create a
5-27 record from each sample received under this subsection.
6-1 (g) The Texas Board of Criminal Justice, with the assistance
6-2 of the Public Safety Commission and the Texas Department of Health,
6-3 by rule shall adopt procedures for:
6-4 (1) the collection and preservation of blood samples
6-5 under this article in a medically approved manner that permits the
6-6 DNA analysis of the samples by the DNA laboratory at a later date;
6-7 and
6-8 (2) the shipment of the samples to the DNA laboratory.
6-9 (h) The Texas Board of Criminal Justice by rule shall set a
6-10 fee to be charged to inmates and defendants required to provide a
6-11 blood sample under this article. The fee must be sufficient to
6-12 cover all costs associated with a DNA analysis and the creation and
6-13 maintenance of a record of the blood sample. The institutional
6-14 division or community supervision and corrections department
6-15 officer shall collect the fees as provided by rules of the board or
6-16 by court order and shall remit the fees to the comptroller for
6-17 deposit in the general revenue fund.
6-18 Art. 61.04. REQUESTS FOR DNA RECORDS. (a) The department
6-19 may release a DNA sample, analysis, or record:
6-20 (1) to a criminal justice agency for law enforcement
6-21 identification purposes;
6-22 (2) for a judicial proceeding, if otherwise admissible
6-23 under law;
6-24 (3) for criminal defense purposes to a defendant, if
6-25 related to the case in which the defendant is charged; or
6-26 (4) if personally identifiable information is removed,
6-27 for:
7-1 (A) a population statistics database;
7-2 (B) identification research and protocol
7-3 development; or
7-4 (C) quality control.
7-5 (b) The department may require a criminal justice agency to
7-6 provide the identity of any suspects in a criminal investigation
7-7 when requesting the comparison of DNA records to a DNA record of a
7-8 specific crime specimen.
7-9 (c) The department shall maintain at the DNA database a file
7-10 of requests made under this article.
7-11 (d) The Public Safety Commission by rule shall develop
7-12 procedures relating to the release of DNA samples, analyses, or
7-13 records from the DNA laboratory or DNA database.
7-14 Art. 61.05. EXPUNCTION OF DNA RECORDS. The department shall
7-15 expunge a DNA record of a person from the DNA database if the
7-16 person:
7-17 (1) notifies the department in writing that:
7-18 (A) a court has reversed the person's conviction
7-19 on which authority for including the person's DNA record in the DNA
7-20 database was based; and
7-21 (B) the case against the person has been
7-22 dismissed; and
7-23 (2) provides the department with a certified copy of
7-24 the court order that reversed the conviction and dismissed the
7-25 case.
7-26 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS; CRIMINAL
7-27 PENALTIES. (a) Except as provided by Article 61.04, a DNA record
8-1 stored in the DNA database is confidential and is not subject to
8-2 disclosure under the open records law, Chapter 552, Government
8-3 Code.
8-4 (b) A person commits an offense if the person knowingly
8-5 discloses information in a DNA record except as authorized by this
8-6 chapter. An offense under this subsection is a Class A
8-7 misdemeanor.
8-8 (c) A person commits an offense if the person intentionally
8-9 obtains DNA information that identifies an individual from the DNA
8-10 database and the person is not authorized by the department to
8-11 obtain the information. An offense under this subsection is a
8-12 Class A misdemeanor.
8-13 (d) A person commits an offense if the person knowingly
8-14 mislabels or tampers with a DNA record or a blood sample or
8-15 specimen to be used to create a DNA record with the intent to
8-16 misidentify or change the identity of the record, blood sample, or
8-17 specimen. An offense under this subsection is a state jail felony.
8-18 SECTION 2. Section 11, Article 42.12, Code of Criminal
8-19 Procedure, is amended by adding Subsection (e) to read as follows:
8-20 (e) If the court grants community supervision to a defendant
8-21 convicted of an offense under Section 21.11, 22.011, 22.021, or
8-22 25.02, Penal Code, the court shall require the defendant as a
8-23 condition of community supervision to provide a sample of the
8-24 defendant's blood for the purpose of creating a DNA record of the
8-25 defendant under Chapter 61. The court shall require the defendant
8-26 to pay to a community supervision and corrections department
8-27 officer a fee established under Article 61.03(h).
9-1 SECTION 3. The governor shall apply for a federal DNA
9-2 identification grant and any other federal grants to create or
9-3 operate the state's DNA database as soon as practicable after
9-4 September 1, 1995.
9-5 SECTION 4. (a) The Texas Board of Criminal Justice and the
9-6 Public Safety Commission shall adopt rules required by Articles
9-7 61.02, 61.03, and 61.04, Code of Criminal Procedure, as added by
9-8 this Act, not later than April 1, 1997.
9-9 (b) The requirement that the institutional division of the
9-10 Texas Department of Criminal Justice take a blood sample from each
9-11 inmate described by Subsection (a), Article 61.03, Code of Criminal
9-12 Procedure, as added by this Act, not later than the 30th day after
9-13 the date on which the inmate is transferred to the custody of the
9-14 division applies only to each inmate convicted of an offense
9-15 committed on or after April 1, 1997.
9-16 (c) The change in law made by Subsection (e), Section 11,
9-17 Article 42.12, Code of Criminal Procedure, as added by this Act,
9-18 applies only to a defendant convicted of an offense committed on or
9-19 after April 1, 1997.
9-20 (d) For purposes of this section, an offense is committed
9-21 before April 1, 1997, if any element of the offense occurs before
9-22 that date. An inmate or a defendant convicted of an offense
9-23 committed before April 1, 1997, is covered by the law in effect
9-24 when the offense was committed, and the former law is continued in
9-25 effect for that purpose.
9-26 SECTION 5. (a) Except as provided by Subsections (b) and
9-27 (c) of this section, this Act takes effect September 1, 1996, but
10-1 only if the attorney general certifies that a federal DNA
10-2 identification grant or a federal grant for creating or operating
10-3 the state's DNA database was received by this state before that
10-4 date.
10-5 (b) Section 2 of this Act takes effect April 1, 1997, but
10-6 only if the attorney general certifies that a federal DNA
10-7 identification grant or a federal grant for creating or operating
10-8 the state's DNA database was received by this state before
10-9 September 1, 1996.
10-10 (c) Section 3 of this Act takes effect September 1, 1995.
10-11 SECTION 6. The importance of this legislation and the
10-12 crowded condition of the calendars in both houses create an
10-13 emergency and an imperative public necessity that the
10-14 constitutional rule requiring bills to be read on three several
10-15 days in each house be suspended, and this rule is hereby suspended.