1-1 AN ACT
1-2 relating to the creation of a DNA record for certain persons
1-3 convicted of, or adjudicated as having engaged in delinquent
1-4 conduct violating, the offense of murder, aggravated assault,
1-5 burglary, or an offense on conviction of which registration as a
1-6 sex offender is required.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 411.148(a), Government Code, is amended
1-9 to read as follows:
1-10 (a) An inmate of the institutional division or other penal
1-11 institution shall provide one or more blood samples or other
1-12 specimens taken by or at the request of the institutional division
1-13 for the purpose of creating a DNA record if the inmate is ordered
1-14 by a court to give the sample or specimen or is serving a sentence
1-15 for:
1-16 (1) an offense:
1-17 (A) under Section 19.02, Penal Code (murder), or
1-18 Section 22.02, Penal Code (aggravated assault);
1-19 (B) under Section 30.02, Penal Code (burglary),
1-20 if the offense is punishable under Subsection (c)(2) or (d) of that
1-21 section; or
1-22 (C) for which the inmate is required to register
1-23 as a sex offender under Chapter 62, Code of Criminal Procedure, as
1-24 added by Chapter 668, Acts of the 75th Legislature, Regular
2-1 Session, 1997 [under one or more of the following Penal Code
2-2 provisions:]
2-3 [(A) Section 21.11 (indecency with a child);]
2-4 [(B) Section 22.011 (sexual assault);]
2-5 [(C) Section 22.021 (aggravated sexual assault);]
2-6 [(D) Section 20.04(a)(4) (aggravated
2-7 kidnapping), if the defendant committed the offense with intent to
2-8 violate or abuse the victim sexually; or]
2-9 [(E) Section 30.02 (burglary), if the offense is
2-10 punishable under Subsection (d) of that section and the defendant
2-11 committed the offense with intent to commit a felony listed in
2-12 Paragraph (A), (B), (C), or (D) of this subdivision]; or
2-13 (2) any offense if the inmate has previously been
2-14 convicted of or adjudicated as having engaged in:
2-15 (A) an offense described in Subsection (a)(1);
2-16 or
2-17 (B) an offense under federal law or laws of
2-18 another state that involves the same conduct as an offense
2-19 described by Subsection (a)(1).
2-20 SECTION 2. Section 411.150(a), Government Code, is amended
2-21 to read as follows:
2-22 (a) A juvenile who is committed to the Texas Youth
2-23 Commission shall provide one or more blood samples or other
2-24 specimens taken by or at the request of the commission for the
2-25 purpose of creating a DNA record if the juvenile is ordered by a
2-26 juvenile court to give the sample or specimen or is committed to
2-27 the commission for an adjudication as having engaged in delinquent
3-1 conduct that violates:
3-2 (1) an offense:
3-3 (A) under Section 19.02, Penal Code (murder), or
3-4 Section 22.02, Penal Code (aggravated assault);
3-5 (B) under Section 30.02, Penal Code (burglary),
3-6 if the offense is punishable under Subsection (c)(2) or (d) of that
3-7 section; or
3-8 (C) for which the juvenile is required to
3-9 register as a sex offender under Chapter 62, Code of Criminal
3-10 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
3-11 Regular Session, 1997 [one or more of the following Penal Code
3-12 provisions:]
3-13 [(A) Section 21.11 (indecency with a child);]
3-14 [(B) Section 22.011 (sexual assault);]
3-15 [(C) Section 22.021 (aggravated sexual assault);]
3-16 [(D) Section 20.04(a)(4) (aggravated
3-17 kidnapping), if the defendant committed the offense with the intent
3-18 to violate or abuse the victim sexually; or]
3-19 [(E) Section 30.02 (burglary), if the offense is
3-20 punishable under Subsection (d) and the defendant committed the
3-21 offense with the intent to commit a felony listed in Paragraph (A),
3-22 (B), (C), or (D) of this subdivision]; or
3-23 (2) a penal law if the juvenile has previously been
3-24 convicted of or adjudicated as having engaged in:
3-25 (A) a violation of a penal law described in
3-26 Subsection (a)(1); or
3-27 (B) a violation of a penal law under federal law
4-1 or the laws of another state that involves the same conduct as a
4-2 violation of a penal law described by Subsection (a)(1).
4-3 SECTION 3. As required by Section 411.148, Government Code,
4-4 as amended by this Act, the institutional division of the Texas
4-5 Department of Criminal Justice shall collect a blood sample or
4-6 other specimen from an inmate serving a sentence for murder,
4-7 aggravated assault, burglary punishable under Section 30.02(c)(2),
4-8 Penal Code, or an offense for which registration as a sex offender
4-9 is required but for which the collection of a blood sample or other
4-10 specimen was not required before the effective date of this Act or
4-11 from an inmate having previously been convicted of one of those
4-12 offenses. The division shall collect the sample or specimen during
4-13 the diagnostic process, but only from an inmate who has not
4-14 completed the diagnostic process before February 1, 2000. The
4-15 division shall collect the sample or specimen from an inmate who
4-16 has completed the diagnostic process before February 1, 2000, not
4-17 later than the 90th day before the inmate's earliest parole
4-18 eligibility date, unless the inmate's earliest parole eligibility
4-19 date is before May 1, 2000, in which event the division shall
4-20 collect the sample or specimen as soon as possible after February
4-21 1, 2000.
4-22 SECTION 4. This Act takes effect September 1, 1999.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1188 was passed by the House on April
22, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1188 on May 21, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1188 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1188 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1188 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor