JWW C.S.H.B. 2251 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 2251 By: Wise 4-28-97 Committee Report (Substituted) BACKGROUND Many times where crimes of a sexual nature have been committed, biological evidence is left behind by the perpetrator. This evidence contains deoxyribonucleic acid (DNA) information which is distinctive as an individual's fingerprint. By matching the DNA samples taken from biological evidence recovered under the investigation of a crime to the DNA samples of suspected offenders, police can conclusively eliminate many suspects and identify the offender. This has led to the establishment of DNA data bases in several states such as Colorado, Illinois, Michigan, Minnesota, and Washington. In other states a sex offender registration statute requires the convicted offender to submit blood and saliva for DNA typing along with other identifying data. California, Florida, Hawaii, Louisiana, South Dakota, and Tennessee are examples of states that require DNA samples for convicted sex offenders. PURPOSE This bill will require certain adult inmates incarcerated statewide and juveniles committed to the Texas Youth Commission to provide blood, saliva samples or other specimens to be included into a DNA database. This bill will apply only to inmates and juveniles convicted or adjudicated for certain offenses in the Penal Code. RULEMAKING AUTHORITY SECTION 3. No additional rulemaking authority is granted in Section 411.150(b), Government Code. However, the director of the Texas Department of Criminal Justice, in conjunction with the Texas Youth Commission, is directed to use existing rulemaking authority to adopt rules regarding the collection, preservation, and shipment of samples. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 411.141, Government Code, by adding Subdivision (8) which defines "Penal institution". SECTION 2. Amends Section 411.148, Government Code, as follows: (a) Anyone confined in a penal institution will provide a blood sample or other specimen to be included in a DNA database. This will apply to persons confined following conviction under any offense listed in subsection (a)(1). (b) Samples or specimens of TDCJ inmates will be collected during the diagnostic process. Samples or specimens for inmates in other facilities, or institutions operated, or contracted by the Texas Youth Commission, will be collected as soon as practicable or if the administrator determines that the inmate will be not entering the TDCJ institutional division. This subsection does not apply to a sample or specimen taken under a court order. (c) The institutional division, or administrator of a penal institution described under Subsection (b), will preserve each sample or specimen collected under this section. (d) A penal institution may take lawful administrative action against anyone failing or refusing to present a blood sample or other specimen. (e) Not earlier than 120 days before, and not later than 90 days earlier than a persons release date, the administrator of a penal institution described under Subsection (b), or the institutional division shall notify the director. SECTION 3. Amends Section 411.150, Government Code, as follows: (a) A juvenile committed to a Texas Youth Commission (TYC) facility, or a penal institution contracted with the TYC, will provide a blood sample or specimen, including a cheek cell or buccal swab specimen. A juvenile committed for an adjudication where that juvenile engaged in conduct listed in subsection (a)(1) will be required to provide a blood sample or other specimen. All collected samples will be included into DNA database. (b) States that the director, in conjunction with the TYC, may adopt rules regarding the collection, preservation and shipment of samples and specimens described in this section. SECTION 4. Section 411. 153(b), Government Code, is amended to state that a person commits an offense if they knowingly disclose information contained in a DNA record, or information related to a blood sample or other specimen authorized by this subchapter. SECTION 5. (a) Changes to the law made by Sections 1-3 of this Act apply to any person held in confinement on or after the effective date. (b) Changes to the law made by Section 4 of this Act apply to offenses committed on or after the effective date. Offenses committed before the effective date are covered under the previous law. SECTION 6. Effective Date: September 1, 1997. SECTION 7. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. This section is added. Subsequent sections are renumbered accordingly. SECTION 2. Previously SECTION 1. (a) References to county and municipal jails, as well as facilities operated under contract with the Texas Department of Criminal Justice, are replaced with "a penal institution." Removes the requirement that anyone charged with an offense under (a)(1) be subject this requirement. (b) Specifies that administrators of penal institutions other than those operated by the institutional division, or an institution operated by or under contract to the Texas Youth Commission are required to obtain samples or other specimens from persons confined in the institution if the administrator determines that the person is not eligible for transfer to the institutional division. Adds a statement stating that the subsection does not apply to a sample or specimen taken under a court order. (c) Adds the administrators of penal institutions described under Subsection (b). (d) Replaces a reference to "TDCJ" with the reference to a "penal institution." Clarifies that a person failing or refusing may be dealt with administratively. (e) Adds a reference to administrator of other penal institutions described in Subsection (b). SECTION 3. Formerly SECTION 2. Clarifies Subsection (a) by stating that it applies to a penal institution. Adds cheek cell or buccal swab to specimens that may be taken from a juvenile. States that this applies to juveniles committed for the adjudication as having engaged in delinquent conduct that violates Subsection (a)(1). (b) Replaces "department" with "director" in relation to rules that may be adopted regarding the collection, preservation, and storage of samples. SECTION 4. This section is added. SECTION 5. This section is added. SECTION 6. Formerly SECTION 3. All other language except the effective date information, is deleted. SECTION 7. Formerly SECTION 4.