By Wise H.B. No. 356
76R2282 PEP-D
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 411.148, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 411.148. DNA RECORDS OF CERTAIN INMATES. (a) A person
1-8 confined in a facility operated by or under contract with the
1-9 Texas Department of Criminal Justice [An inmate of the
1-10 institutional division] or in any other penal institution,
1-11 including a county or municipal jail, shall provide one or more
1-12 blood and saliva samples and any [or] other specimens taken by or
1-13 at the request of the department or institution [institutional
1-14 division] for the purpose of creating a DNA record if the person
1-15 [inmate] is ordered by a court to give the sample or specimen or
1-16 is charged with or convicted of [serving a sentence for]:
1-17 (1) an offense under one or more of the following
1-18 Penal Code provisions:
1-19 (A) Section 21.11 (indecency with a child);
1-20 (B) Section 22.011 (sexual assault);
1-21 (C) Section 22.021 (aggravated sexual assault);
1-22 (D) Section 20.04(a)(4) (aggravated kidnapping),
1-23 if the defendant committed the offense with intent to violate or
1-24 abuse the victim sexually; or
2-1 (E) Section 30.02 (burglary), if the offense is
2-2 punishable under Subsection (d) of that section and the defendant
2-3 committed the offense with intent to commit a felony listed in
2-4 Paragraph (A), (B), (C), or (D) of this subdivision; or
2-5 (2) any offense if the inmate has previously been
2-6 convicted of:
2-7 (A) an offense described in Subsection (a)(1);
2-8 or
2-9 (B) an offense under federal law or laws of
2-10 another state that involves the same conduct as an offense
2-11 described by Subsection (a)(1).
2-12 (b) The institutional division of the Texas Department of
2-13 Criminal Justice shall obtain the samples and any other specimens
2-14 [sample or specimen] from an inmate of the division during the
2-15 diagnostic process. The administrator of a facility operated by or
2-16 under contract with the department, other than the institutional
2-17 division, and the administrator of any other penal institution
2-18 shall obtain the samples and any other specimens [sample or
2-19 specimen] from a person [an inmate] confined in the facility or
2-20 institution [another penal institution] as soon as practicable if
2-21 the administrator determines that the person [Board of Pardons and
2-22 Paroles informs the division that the inmate] is likely to be
2-23 released [paroled] before being admitted to the institutional
2-24 division. The administrator shall ensure that each sample or
2-25 specimen obtained under this subsection is sent to the
2-26 institutional division of the Texas Department of Criminal Justice
2-27 [administrator of the other penal institution shall cooperate with
3-1 the institutional division as necessary] to allow the
3-2 [institutional] division to perform its duties under this section.
3-3 (c) The institutional division shall:
3-4 (1) preserve each blood sample or other specimen
3-5 collected under this section;
3-6 (2) maintain a record of the collection of the sample
3-7 or specimen; and
3-8 (3) send the sample or specimen to the director for
3-9 scientific analysis under this subchapter.
3-10 (d) A person [An inmate] may not be held past a statutory
3-11 release date solely because [if] the person [inmate] fails or
3-12 refuses to provide a blood or saliva sample or other specimen under
3-13 this section. The Texas Department of Criminal Justice or [A]
3-14 penal institution may take other lawful administrative action
3-15 against the person [inmate].
3-16 (e) The institutional division shall notify the director
3-17 that a person [an inmate] described by Subsection (a) is to be
3-18 released from the institutional division not earlier than the 120th
3-19 day before the person's [inmate's] release date and not later than
3-20 the 90th day before the person's [inmate's] release date.
3-21 SECTION 2. Section 411.150, Government Code, is amended to
3-22 read as follows:
3-23 Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A
3-24 juvenile who is committed to a facility operated by or under
3-25 contract with the Texas Youth Commission shall provide one or more
3-26 blood and saliva samples and [or] other specimens taken by or at
3-27 the request of the commission or facility administrator for the
4-1 purpose of creating a DNA record if the juvenile is ordered by a
4-2 juvenile court to give the sample or specimen or is alleged to have
4-3 engaged in or is adjudicated [committed to the commission for an
4-4 adjudication] as having engaged in delinquent conduct that
4-5 violates:
4-6 (1) one or more of the following Penal Code
4-7 provisions:
4-8 (A) Section 21.11 (indecency with a child);
4-9 (B) Section 22.011 (sexual assault);
4-10 (C) Section 22.021 (aggravated sexual assault);
4-11 (D) Section 20.04(a)(4) (aggravated kidnapping),
4-12 if the defendant committed the offense with the intent to violate
4-13 or abuse the victim sexually; or
4-14 (E) Section 30.02 (burglary), if the offense is
4-15 punishable under Subsection (d) and the defendant committed the
4-16 offense with the intent to commit a felony listed in Paragraph (A),
4-17 (B), (C), or (D) of this subdivision; or
4-18 (2) a penal law if the juvenile has previously been
4-19 adjudicated as having engaged in:
4-20 (A) a violation of a penal law described in
4-21 Subsection (a)(1); or
4-22 (B) a violation of a penal law under federal law
4-23 or the laws of another state that involves the same conduct as a
4-24 violation of a penal law described by Subsection (a)(1).
4-25 (b) The department, in conjunction with the Texas Youth
4-26 Commission, shall adopt rules regarding the collection,
4-27 preservation, and shipment of a blood or saliva sample or other
5-1 specimen of a juvenile described by this section.
5-2 SECTION 3. This Act takes effect September 1, 1999, and
5-3 applies to any person who is held in confinement on or after the
5-4 effective date of this Act, regardless of the date on which the
5-5 person is initially placed in confinement.
5-6 SECTION 4. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.