SRC-JJJ H.B. 3215 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3215
By: McCall (Shapiro)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

The legislature passed H.B. 40 during the 74th Legislature to create the
CODIS DNA database for sex offenders. H.B. 3215 allows the Texas Department
of Criminal Justice and the Texas Youth Commission to use force, if
necessary, to collect DNA specimens from those who are required to submit
samples to the CODIS database maintained by the Department of Public
Safety. 

PURPOSE

As proposed, H.B. 3215 establishes provisions regarding the methods by
which the Texas Department of Criminal Justice and the Texas Youth
Commission obtain samples or specimens for the purpose of creating a DNA
record. 

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, Government Code, by adding Subsections
(f)-(h), to authorize a medical staff employee of the institutional
division of the Texas Department of Criminal Justice (institutional
division) to obtain a voluntary sample or specimen from any inmate; an
employee of the institutional division to use force against an inmate
required to provide a sample under this section when and to the degree the
employee reasonably believes the force is immediately necessary to obtain
the sample or specimen; and the Texas Department of Criminal Justice to
contract with an individual or entity for the provision of phlebotomy
services under this section.  

SECTION 2. Amends Section 411.150, Government Code, by adding Subsections
(c)-(f), to require the Texas Youth Commission (commission) to obtain blood
samples or other specimens from juveniles under this section; preserve each
sample or other specimen collected; maintain a record of the collection of
the sample or specimen; and send the sample or specimen to the director for
scientific analysis under this subchapter. Authorizes a medical staff
employee of the commission to obtain a voluntary sample or specimen from
any juvenile. Authorizes an employee of the commission to use force against
a juvenile required to provide a sample under this section when and to the
degree the employee reasonably believes the force is immediately necessary
to obtain the sample or specimen. Authorizes the commission to contract
with an individual or entity for the provision of phlebotomy services under
this section.  

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.