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.