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.