By Madla S.B. No. 874
74R3944 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement of DNA analysis of certain defendants
1-3 as a condition of community supervision and of certain inmates and
1-4 to the creation of a DNA database and of the Forensic Science
1-5 Review Committee within the Department of Public Safety; providing
1-6 penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-9 by adding Chapter 61 to read as follows:
1-10 CHAPTER 61. DNA DATABASE SYSTEM
1-11 Art. 61.01. DEFINITIONS. In this chapter:
1-12 (1) "Community supervision and corrections department"
1-13 means a community supervision and corrections department
1-14 established under Article 42.131.
1-15 (2) "Department" means the Department of Public
1-16 Safety.
1-17 (3) "DNA" means deoxyribonucleic acid.
1-18 (4) "DNA database" means the database that contains
1-19 DNA records maintained by the department.
1-20 (5) "DNA laboratory" means a laboratory that performs
1-21 DNA analysis on specimens derived from a human body.
1-22 (6) "DNA record" means the results of a DNA analysis
1-23 performed by a DNA laboratory and, if known, the name of the person
1-24 who is the subject of the DNA analysis.
2-1 (7) "Forensic Science Review Committee" means the
2-2 Forensic Science Review Committee established under Subchapter G,
2-3 Chapter 411, Government Code.
2-4 (8) "Institutional division" means the institutional
2-5 division of the Texas Department of Criminal Justice.
2-6 Art. 61.02. OBTAINING AND PRESERVING BLOOD SAMPLES FOR
2-7 INVESTIGATION. (a) The institutional division shall obtain for
2-8 inclusion in the DNA database a blood sample from each inmate who
2-9 is serving a sentence for an offense under one or more of the
2-10 following sections of the Penal Code:
2-11 (1) Section 22.011 (sexual assault);
2-12 (2) Section 22.021 (aggravated sexual assault);
2-13 (3) Section 21.11 (indecency with a child); or
2-14 (4) Section 25.02 (prohibited sexual conduct).
2-15 (b) The institutional division shall take the blood sample
2-16 from each inmate described by Subsection (a) not later than the
2-17 30th day after the date on which the inmate is transferred to the
2-18 custody of the division.
2-19 (c) The community supervision and corrections department
2-20 supervising a defendant placed on community supervision and
2-21 required to provide a blood sample under Section 11(e), Article
2-22 42.12, shall collect a blood sample from the defendant as provided
2-23 by the order of the court granting community supervision.
2-24 (d) The Texas Department of Criminal Justice shall provide
2-25 all equipment necessary for the collection and preservation of
2-26 blood samples under this article. Only a licensed physician,
2-27 registered nurse, or other qualified person approved by the Texas
3-1 Department of Health may withdraw blood for the purposes of this
3-2 article. The institutional division or a community supervision
3-3 and corrections department may employ or contract for the services
3-4 of a qualified physician, nurse, or other person to withdraw blood
3-5 samples under this article.
3-6 (e) The institutional division or community supervision and
3-7 corrections department shall preserve each blood sample taken under
3-8 this article until the sample is sent to a DNA laboratory and
3-9 maintain a record of the taking of the blood sample.
3-10 (f) The institutional division or community supervision and
3-11 corrections department shall send the blood sample to a DNA
3-12 laboratory accredited by the Forensic Science Review Committee and
3-13 approved by rule of the Texas Board of Criminal Justice to be
3-14 scientifically analyzed for the purpose of determining DNA genetic
3-15 marker groupings specific to the inmate or defendant. The DNA
3-16 laboratory shall send each DNA record created from samples received
3-17 under this subsection to the department.
3-18 (g) The Texas Board of Criminal Justice, with the assistance
3-19 of the department, the Texas Department of Health, and the Forensic
3-20 Science Review Committee, by rule shall adopt procedures for the
3-21 collection and preservation of blood samples under this article in
3-22 a medically approved manner that permits the samples to be
3-23 scientifically analyzed by a DNA laboratory at a later date.
3-24 (h) The Texas Board of Criminal Justice shall approve an
3-25 objective form of DNA analysis test, such as numerical
3-26 representation of DNA fragment lengths, digital image of
3-27 autoradiographies, or discrete allele assignment numbers, for a
4-1 blood sample collected under this article.
4-2 (i) The Texas Board of Criminal Justice by rule shall set a
4-3 fee to be charged to inmates and defendants required to provide a
4-4 blood sample under this article. The fee must be sufficient to
4-5 cover all costs associated with a DNA analysis and record of the
4-6 blood sample. The institutional division or community supervision
4-7 and corrections department officer shall collect the fees as
4-8 provided by rules of the board or by court order and shall remit
4-9 the fees to the comptroller for deposit in the general revenue
4-10 fund.
4-11 Art. 61.03. DNA DATABASE. (a) The department shall record
4-12 DNA data and establish and maintain a computerized DNA database
4-13 that serves as the record creation point for DNA records.
4-14 (b) The DNA database shall provide law enforcement agencies
4-15 with an accurate DNA records depository to assist the agencies in
4-16 criminal investigations and proceedings and in identifying missing
4-17 persons and human remains recovered by the agencies.
4-18 (c) The department, with advice from the Department of
4-19 Information Resources, shall develop biennial plans to improve the
4-20 reporting and accuracy of the DNA database and to develop and
4-21 maintain monitoring systems capable of identifying inaccurate or
4-22 incomplete information.
4-23 (d) The department, in establishing standards for the DNA
4-24 database, to the extent possible shall follow DNA quality assurance
4-25 and proficiency standards used by the Federal Bureau of
4-26 Investigation to permit the exchange and storage of DNA records.
4-27 (e) The DNA database must contain the following information:
5-1 (1) a DNA record for each inmate or defendant
5-2 required to provide a blood sample under Article 61.02(a) or
5-3 Section 11(e), Article 42.12;
5-4 (2) a DNA record for specimens derived from a human
5-5 body recovered from a crime scene; and
5-6 (3) a record of the requests made for DNA records
5-7 under this chapter.
5-8 (f) The DNA database may not include criminal history record
5-9 information.
5-10 (g) The DNA database may include:
5-11 (1) a DNA record of a family member or relative of a
5-12 missing person; or
5-13 (2) a DNA record of unidentified human remains.
5-14 (h) A DNA record may not be collected or stored to obtain
5-15 information about physical characteristic traits or predisposition
5-16 for disease and may not be used for any purpose other than to
5-17 facilitate personal identification of an offender or a missing or
5-18 deceased person.
5-19 Art. 61.04. REQUESTS FOR DNA RECORDS. (a) The department
5-20 may release all or part of a DNA record only on written request and
5-21 only as provided by this subsection. The department may release:
5-22 (1) a DNA record to a federal, state, or local law
5-23 enforcement agency for the purpose of determining the identity of a
5-24 suspect in a criminal investigation, a missing person, or human
5-25 remains;
5-26 (2) a DNA record related to a defendant in a criminal
5-27 case to the defendant or the attorney representing the state;
6-1 (3) a DNA analysis to a DNA laboratory for the purpose
6-2 of supporting:
6-3 (A) the development of statistical population
6-4 frequency databases; and
6-5 (B) identification research and protocol
6-6 development for forensic DNA analysis and quality control if
6-7 personal identifying information is removed;
6-8 (4) the number of requests made for a defendant's DNA
6-9 record and the name of the requesting person, agency, or entity to
6-10 the defendant in a criminal case; or
6-11 (5) a DNA record of a person who consents in writing
6-12 to the release of the record to another person, agency, or entity.
6-13 (b) The department shall maintain at the DNA database a file
6-14 of a request made under this article.
6-15 (c) The Public Safety Commission by rule shall develop
6-16 procedures relating to the release of DNA records or analysis from
6-17 the DNA database.
6-18 Art. 61.05. EXPUNCTION OF DNA RECORDS. The department shall
6-19 expunge a DNA record of a person from the DNA database if the
6-20 person:
6-21 (1) notifies the department in writing that:
6-22 (A) a court has reversed the person's conviction
6-23 on which authority for including the person's DNA record in the DNA
6-24 database was based; and
6-25 (B) the case against the person has been
6-26 dismissed; and
6-27 (2) provides the department with a certified copy of
7-1 the court order that reversed the conviction and dismissed the
7-2 case.
7-3 Art. 61.06. CONFIDENTIALITY OF DNA RECORDS; CRIMINAL
7-4 PENALTY. (a) Except as provided by Article 61.04, a DNA record
7-5 stored in the DNA database is confidential and is not subject to
7-6 disclosure under the open records law, Chapter 552, Government
7-7 Code.
7-8 (b) A person commits an offense if the person knowingly
7-9 discloses information in a DNA record except as authorized by this
7-10 chapter. An offense under this subsection is a Class A
7-11 misdemeanor.
7-12 (c) A person commits an offense if the person intentionally
7-13 obtains DNA information that identifies an individual from the DNA
7-14 database and the person is not authorized by the department to
7-15 obtain the information. An offense under this subsection is a
7-16 Class A misdemeanor.
7-17 (d) A person commits an offense if the person knowingly
7-18 mislabels or tampers with a DNA record or blood sample with the
7-19 intent to misidentify or change the identity of the record or blood
7-20 sample. An offense under this subsection is a state jail felony.
7-21 SECTION 2. Section 11, Article 42.12, Code of Criminal
7-22 Procedure, is amended by adding Subsection (e) to read as follows:
7-23 (e) If the court grants community supervision to a defendant
7-24 convicted of an offense under Section 22.011, 22.021, 21.11, or
7-25 25.02, Penal Code, the court shall require the defendant as a
7-26 condition of community supervision to provide a sample of the
7-27 defendant's blood for the purpose of creating a DNA record of the
8-1 defendant under Chapter 61. The court shall require the defendant
8-2 to pay to a community supervision and corrections department
8-3 officer a fee established under Article 61.02(i).
8-4 SECTION 3. Chapter 411, Government Code, is amended by
8-5 adding Subchapter G to read as follows:
8-6 SUBCHAPTER G. FORENSIC SCIENCE REVIEW COMMITTEE
8-7 Sec. 411.151. DEFINITION. In this subchapter, "committee"
8-8 means the Forensic Science Review Committee.
8-9 Sec. 411.152. FORENSIC SCIENCE REVIEW COMMITTEE. The
8-10 Forensic Science Review Committee is created in the department.
8-11 Sec. 411.153. COMPOSITION OF COMMITTEE. The committee is
8-12 composed of the following members appointed by the governor with
8-13 the advice and consent of the senate:
8-14 (1) a representative of the Texas Department of
8-15 Criminal Justice;
8-16 (2) a representative of the department;
8-17 (3) a DNA or genetic research specialist of the Texas
8-18 Department of Health;
8-19 (4) a representative of the Texas District and County
8-20 Attorneys Association;
8-21 (5) a medical ethics specialist; and
8-22 (6) a member of the public.
8-23 Sec. 411.154. PRESIDING OFFICER. The governor shall
8-24 designate from among the committee members a presiding officer who
8-25 serves in that capacity at the pleasure of the governor.
8-26 Sec. 411.155. COMPENSATION AND EXPENSES. A member of the
8-27 committee may not receive compensation for service performed for
9-1 the committee but is entitled to receive reimbursement for actual
9-2 or necessary expenses incurred in performing service for the
9-3 committee.
9-4 Sec. 411.156. TERM. Members of the committee serve for
9-5 staggered six-year terms with the terms of two members expiring on
9-6 February 1 of each odd-numbered year.
9-7 Sec. 411.157. MEETINGS. The committee shall meet at least
9-8 biannually.
9-9 Sec. 411.158. SUPPORT STAFF. The department shall provide
9-10 clerical and advisory support staff to the committee.
9-11 Sec. 411.159. GENERAL POWERS AND DUTIES OF COMMITTEE. (a)
9-12 The committee shall develop minimum standards and a program of
9-13 accreditation for forensic laboratories in this state designed to:
9-14 (1) increase the effectiveness and efficiency of
9-15 forensic laboratories in delivering services to the criminal
9-16 justice system;
9-17 (2) ensure that forensic analyses are performed in
9-18 accordance with scientifically accepted standards; and
9-19 (3) promote increased cooperation and coordination
9-20 among forensic laboratories and other agencies in the criminal
9-21 justice system.
9-22 (b) The committee shall adopt rules necessary for the
9-23 administration of this subchapter.
9-24 SECTION 4. The governor shall appoint the initial members of
9-25 the Forensic Science Review Committee created by this Act so that
9-26 two members' terms expire February 1, 1997, two members' terms
9-27 expire February 1, 1999, and two members' terms expire February 1,
10-1 2001.
10-2 SECTION 5. (a) The Texas Board of Criminal Justice and the
10-3 Public Safety Commission shall adopt rules required by Articles
10-4 61.02 and 61.04, Code of Criminal Procedure, as added by this Act,
10-5 not later than April 1, 1996.
10-6 (b) The requirement that the institutional division of the
10-7 Texas Department of Criminal Justice take a blood sample from each
10-8 inmate described by Article 61.02(a), Code of Criminal Procedure,
10-9 as added by this Act, not later than the 30th day after the date on
10-10 which the inmate is transferred to the custody of the division
10-11 applies only to each inmate transferred to the custody of the
10-12 division on or after April 1, 1996. The division shall take a
10-13 blood sample from each inmate who is in the custody of the division
10-14 on March 31, 1996, before the inmate is released from custody.
10-15 (c) The change in law made by Section 2 of this Act applies
10-16 only to a defendant convicted of an offense committed on or after
10-17 the effective date of this Act. For purposes of this subsection,
10-18 an offense is committed before the effective date of Section 2 of
10-19 this Act if any element of the offense occurs before that date. A
10-20 defendant convicted of an offense committed before the effective
10-21 date of Section 2 of this Act is covered by the law in effect when
10-22 the offense was committed, and the former law is continued in
10-23 effect for this purpose.
10-24 SECTION 6. (a) Except as provided by Subsection (b) of this
10-25 section, this Act takes effect September 1, 1995.
10-26 (b) Section 2 of this Act takes effect April 1, 1996.
10-27 SECTION 7. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.