75R10820 PEP-F
By Wise H.B. No. 2251
Substitute the following for H.B. No. 2251:
By Oakley C.S.H.B. No. 2251
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of certain samples or specimens for the
1-3 DNA database maintained by the Department of Public Safety.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.141(8), Government Code, is amended
1-6 to read as follows:
1-7 (8) "Penal institution" means a place used to confine
1-8 persons arrested for, charged with, or convicted of a criminal
1-9 offense or adjudicated delinquent for having engaged in conduct
1-10 that constitutes a criminal offense and includes a confinement or
1-11 correctional facility, including a jail, operated by or under
1-12 contract with:
1-13 (A) a county under Chapter 351, Government Code;
1-14 (B) a municipality under Chapter 361, Government
1-15 Code;
1-16 (C) the Texas Department of Criminal Justice or
1-17 any division of that department; or
1-18 (D) the Texas Youth Commission [has the meaning
1-19 assigned by Section 1.07, Penal Code].
1-20 SECTION 2. Section 411.148, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 411.148. DNA RECORDS OF CERTAIN INMATES. (a) A person
1-23 confined in a [An inmate of the institutional division or other]
1-24 penal institution shall provide one or more blood samples and [or]
2-1 other specimens, including a cheek cell or buccal swab specimen,
2-2 taken by or at the request of the administrator of the institution
2-3 [institutional division] for the purpose of creating a DNA record
2-4 if the person [inmate] is ordered by a court to give the sample or
2-5 specimen or is confined following conviction of [serving a sentence
2-6 for]:
2-7 (1) an offense under one or more of the following
2-8 Penal Code provisions:
2-9 (A) Section 21.11 (indecency with a child);
2-10 (B) Section 22.011 (sexual assault);
2-11 (C) Section 22.021 (aggravated sexual assault);
2-12 (D) Section 20.04(a)(4) (aggravated kidnapping),
2-13 if the defendant committed the offense with intent to violate or
2-14 abuse the victim sexually; or
2-15 (E) Section 30.02 (burglary), if the offense is
2-16 punishable under Subsection (d) of that section and the defendant
2-17 committed the offense with intent to commit a felony listed in
2-18 Paragraph (A), (B), (C), or (D) of this subdivision; or
2-19 (2) any offense if the inmate has previously been
2-20 convicted of:
2-21 (A) an offense described in Subsection (a)(1);
2-22 or
2-23 (B) an offense under federal law or laws of
2-24 another state that involves the same conduct as an offense
2-25 described by Subsection (a)(1).
2-26 (b) The institutional division of the Texas Department of
2-27 Criminal Justice shall obtain the samples and any other specimens
3-1 [sample or specimen] from an inmate of the division during the
3-2 diagnostic process. The administrator of a penal institution,
3-3 other than an institution operated by the institutional division or
3-4 an institution operated by or under contract with the Texas Youth
3-5 Commission, shall obtain the samples and any other specimens
3-6 [sample or specimen] from a person [an inmate] confined in the
3-7 [another penal] institution as soon as practicable if the
3-8 administrator determines that the person is not eligible for
3-9 transfer to [Board of Pardons and Paroles informs] the
3-10 institutional division or that the person [inmate] is likely to be
3-11 released [paroled] before being admitted to that [the] division.
3-12 This subsection does not apply to a sample or specimen taken under
3-13 a court order [The administrator of the other penal institution
3-14 shall cooperate with the institutional division as necessary to
3-15 allow the institutional division to perform its duties under this
3-16 section].
3-17 (c) The institutional division or administrator of a penal
3-18 institution described by Subsection (b) shall:
3-19 (1) preserve each blood sample or other specimen
3-20 collected under this section;
3-21 (2) maintain a record of the collection of the sample
3-22 or specimen; and
3-23 (3) send the sample or specimen to the director for
3-24 scientific analysis under this subchapter.
3-25 (d) A person [An inmate] may not be held past a statutory
3-26 release date solely because [if] the person [inmate] fails or
3-27 refuses to provide a blood sample or other specimen under this
4-1 section. A penal institution may take [other lawful]
4-2 administrative action against the person for failing or refusing
4-3 to provide a blood sample or other specimen [inmate].
4-4 (e) The institutional division or administrator of a penal
4-5 institution described by Subsection (b) shall notify the director
4-6 that a person [an inmate] described by Subsection (a) is to be
4-7 released from the institutional division or other institution, as
4-8 applicable, not earlier than the 120th day before the person's
4-9 [inmate's] release date and not later than the 90th day before the
4-10 person's [inmate's] release date.
4-11 SECTION 3. Section 411.150, Government Code, is amended to
4-12 read as follows:
4-13 Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A
4-14 juvenile who is committed to a penal institution operated by or
4-15 under contract with the Texas Youth Commission shall provide one or
4-16 more blood samples and [or] other specimens, including a cheek
4-17 cell or buccal swab specimen, taken by or at the request of the
4-18 commission or administrator of the institution for the purpose of
4-19 creating a DNA record if the juvenile is ordered by a juvenile
4-20 court to give the sample or specimen or is committed to the
4-21 institution [commission] for an adjudication as having engaged in
4-22 delinquent conduct that violates:
4-23 (1) one or more of the following Penal Code
4-24 provisions:
4-25 (A) Section 21.11 (indecency with a child);
4-26 (B) Section 22.011 (sexual assault);
4-27 (C) Section 22.021 (aggravated sexual assault);
5-1 (D) Section 20.04(a)(4) (aggravated kidnapping),
5-2 if the defendant committed the offense with the intent to violate
5-3 or abuse the victim sexually; or
5-4 (E) Section 30.02 (burglary), if the offense is
5-5 punishable under Subsection (d) and the defendant committed the
5-6 offense with the intent to commit a felony listed in Paragraph (A),
5-7 (B), (C), or (D) of this subdivision; or
5-8 (2) a penal law if the juvenile has previously been
5-9 adjudicated as having engaged in:
5-10 (A) a violation of a penal law described in
5-11 Subsection (a)(1); or
5-12 (B) a violation of a penal law under federal law
5-13 or the laws of another state that involves the same conduct as a
5-14 violation of a penal law described by Subsection (a)(1).
5-15 (b) The director [department], in conjunction with the Texas
5-16 Youth Commission, shall adopt rules regarding the collection,
5-17 preservation, and shipment of a blood sample or other specimen of a
5-18 juvenile described by this section.
5-19 SECTION 4. Section 411.153(b), Government Code, is amended
5-20 to read as follows:
5-21 (b) A person commits an offense if the person knowingly
5-22 discloses information in a DNA record or information related to a
5-23 DNA analysis of a blood sample or other specimen except as
5-24 authorized by this subchapter [chapter]. An offense under this
5-25 subsection is a Class B misdemeanor [punishable by:]
5-26 [(1) a fine of not more than $1,000;]
5-27 [(2) confinement in the county jail for not more than
6-1 six months; or]
6-2 [(3) both the fine and confinement].
6-3 SECTION 5. (a) The changes in law made by Sections 1-3 of
6-4 this Act apply to any person who is held in confinement on or after
6-5 the effective date of this Act, regardless of the date on which the
6-6 person is initially placed in confinement.
6-7 (b) The change in law made by Section 4 of this Act applies
6-8 only to an offense committed on or after the effective date of this
6-9 Act. An offense committed before the effective date of this Act is
6-10 covered by the law in effect when the offense was committed, and
6-11 the former law is continued in effect for that purpose. For
6-12 purposes of this section, an offense was committed before the
6-13 effective date of this Act if any element of the offense occurred
6-14 before that date.
6-15 SECTION 6. This Act takes effect September 1, 1997.
6-16 SECTION 7. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.