By Gallego H.B. No. 1188
76R4847 KEL-D
A BILL TO BE ENTITLED
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 or aggravated assault.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 411.148(a), Government Code, is amended
1-7 to read as follows:
1-8 (a) An inmate of the institutional division or other penal
1-9 institution shall provide one or more blood samples or other
1-10 specimens taken by or at the request of the institutional division
1-11 for the purpose of creating a DNA record if the inmate is ordered
1-12 by a court to give the sample or specimen or is serving a sentence
1-13 for:
1-14 (1) an offense under one or more of the following
1-15 Penal Code provisions:
1-16 (A) Section 21.11 (indecency with a child);
1-17 (B) Section 22.011 (sexual assault);
1-18 (C) Section 22.021 (aggravated sexual assault);
1-19 (D) Section 20.04(a)(4) (aggravated kidnapping),
1-20 if the defendant committed the offense with intent to violate or
1-21 abuse the victim sexually; [or]
1-22 (E) Section 30.02 (burglary), if the offense is
1-23 punishable under Subsection (d) of that section and the defendant
1-24 committed the offense with intent to commit a felony listed in
2-1 Paragraph (A), (B), (C), or (D) of this subdivision; [or]
2-2 (F) Section 19.02 (murder); or
2-3 (G) Section 22.02 (aggravated assault); or
2-4 (2) any offense if the inmate has previously been
2-5 convicted of:
2-6 (A) an offense described in Subsection (a)(1);
2-7 or
2-8 (B) an offense under federal law or laws of
2-9 another state that involves the same conduct as an offense
2-10 described by Subsection (a)(1).
2-11 SECTION 2. Section 411.150(a), Government Code, is amended
2-12 to read as follows:
2-13 (a) A juvenile who is committed to the Texas Youth
2-14 Commission shall provide one or more blood samples or other
2-15 specimens taken by or at the request of the commission for the
2-16 purpose of creating a DNA record if the juvenile is ordered by a
2-17 juvenile court to give the sample or specimen or is committed to
2-18 the commission for an adjudication as having engaged in delinquent
2-19 conduct that violates:
2-20 (1) one or more of the following Penal Code
2-21 provisions:
2-22 (A) Section 21.11 (indecency with a child);
2-23 (B) Section 22.011 (sexual assault);
2-24 (C) Section 22.021 (aggravated sexual assault);
2-25 (D) Section 20.04(a)(4) (aggravated kidnapping),
2-26 if the defendant committed the offense with the intent to violate
2-27 or abuse the victim sexually; [or]
3-1 (E) Section 30.02 (burglary), if the offense is
3-2 punishable under Subsection (d) and the defendant committed the
3-3 offense with the intent to commit a felony listed in Paragraph (A),
3-4 (B), (C), or (D) of this subdivision; [or]
3-5 (F) Section 19.02 (murder); or
3-6 (G) Section 22.02 (aggravated assault); or
3-7 (2) a penal law if the juvenile has previously been
3-8 adjudicated as having engaged in:
3-9 (A) a violation of a penal law described in
3-10 Subsection (a)(1); or
3-11 (B) a violation of a penal law under federal law
3-12 or the laws of another state that involves the same conduct as a
3-13 violation of a penal law described by Subsection (a)(1).
3-14 SECTION 3. As required by Section 411.148, Government Code,
3-15 as amended by this Act, the institutional division of the Texas
3-16 Department of Criminal Justice shall collect a blood sample or
3-17 other specimen from an inmate serving a sentence for murder or
3-18 aggravated assault or having previously been convicted of one of
3-19 those offenses. The division shall collect the sample or specimen
3-20 during the diagnostic process, but only from an inmate who has not
3-21 completed the diagnostic process before February 1, 2000. The
3-22 division shall collect the sample or specimen from an inmate who
3-23 has completed the diagnostic process before February 1, 2000, not
3-24 later than the 90th day before the inmate's earliest parole
3-25 eligibility date, unless the inmate's earliest parole eligibility
3-26 date is before May 1, 2000, in which event the division shall
3-27 collect the sample or specimen as soon as possible after February
4-1 1, 2000.
4-2 SECTION 4. This Act takes effect September 1, 1999.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.