SRC-JJJ, JXG H.B. 1188 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1188
By: Gallego (Shapiro)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

The federal government recently activated a nationwide DNA database
containing information on convicted criminals.  In Texas and many other
states, DNA samples are largely collected from sexual offenders.  However,
unlike many other states, Texas does not collect samples from murder or
aggravated assault offenders.  DNA information on such offenders would
increase the resources available to Texas and federal law enforcement in
case of emergencies such as the 1998 Ellis Unit prison break.  H.B. 1188
would create a DNA record for certain persons convicted of, or adjudicated
as having engaged in delinquent conduct violating, the offense of murder,
aggravated assault, burglary, or an offense on conviction of which
registration as a sex offender is required. 
           
PURPOSE

As proposed, H.B. 1188 creates a DNA record for certain persons convicted
of, or adjudicated as having engaged in delinquent conduct violating, the
offense of murder, aggravated assault, burglary, or an offense on
conviction of which registration as a sex offender is required. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.148(a), Government Code, to require inmates
of the institutional division or other penal institution to provide  one or
more blood samples or certain other specimens taken for the purposes of
creating a DNA record, if an inmate is ordered by a court, providing the
inmate committed a specific offense.  Deletes text regarding certain
provisions to the Penal Code.  

SECTION 2.  Amends Section 411.150(a), Government Code, to make conforming
changes. 

SECTION 3.  Requires the institutional division of the Texas Department of
Criminal Justice to collect a blood sample or other specimen from an inmate
serving a sentence for murder, aggravated assault, burglary punishable
under Section 30.02(c)(2), Penal Code, or an offense for which registration
as a sex offender is required but for which the collection of a blood
sample or other specimen was not required before the effective date of this
Act or from an inmate having previously been convicted of one of those
offenses, as required by Section 411.148, Government Code, as amended by
this Act.  Requires the division to collect the sample or specimen during
the diagnostic process, but only from an inmate who has not completed the
diagnostic process before February 1, 2000.  Requires the division to
collect the sample or specimen from an inmate who has completed the
diagnostic process before February 1, 2000, no later than the 90th day
before the inmate's earliest parole eligibility date, unless the inmate's
earliest parole eligibility date is before May 1, 2000, in which event the
division shall collect the sample or specimen as soon as possible after
February 1, 2000.  

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.