1-1 By: Gallego, McCall, Allen H.B. No. 1188
1-2 (Senate Sponsor - Shapiro)
1-3 (In the Senate - Received from the House April 23, 1999;
1-4 April 26, 1999, read first time and referred to Committee on
1-5 Criminal Justice; May 14, 1999, reported favorably by the following
1-6 vote: Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation of a DNA record for certain persons
1-10 convicted of, or adjudicated as having engaged in delinquent
1-11 conduct violating, the offense of murder, aggravated assault,
1-12 burglary, or an offense on conviction of which registration as a
1-13 sex offender is required.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 411.148(a), Government Code, is amended
1-16 to read as follows:
1-17 (a) An inmate of the institutional division or other penal
1-18 institution shall provide one or more blood samples or other
1-19 specimens taken by or at the request of the institutional division
1-20 for the purpose of creating a DNA record if the inmate is ordered
1-21 by a court to give the sample or specimen or is serving a sentence
1-22 for:
1-23 (1) an offense:
1-24 (A) under Section 19.02, Penal Code (murder), or
1-25 Section 22.02, Penal Code (aggravated assault);
1-26 (B) under Section 30.02, Penal Code (burglary),
1-27 if the offense is punishable under Subsection (c)(2) of that
1-28 section; or
1-29 (C) for which the inmate is required to register
1-30 as a sex offender under Chapter 62, Code of Criminal Procedure, as
1-31 added by Chapter 668, Acts of the 75th Legislature, Regular
1-32 Session, 1997 [under one or more of the following Penal Code
1-33 provisions:]
1-34 [(A) Section 21.11 (indecency with a child);]
1-35 [(B) Section 22.011 (sexual assault);]
1-36 [(C) Section 22.021 (aggravated sexual assault);]
1-37 [(D) Section 20.04(a)(4) (aggravated
1-38 kidnapping), if the defendant committed the offense with intent to
1-39 violate or abuse the victim sexually; or]
1-40 [(E) Section 30.02 (burglary), if the offense is
1-41 punishable under Subsection (d) of that section and the defendant
1-42 committed the offense with intent to commit a felony listed in
1-43 Paragraph (A), (B), (C), or (D) of this subdivision]; or
1-44 (2) any offense if the inmate has previously been
1-45 convicted of:
1-46 (A) an offense described in Subsection (a)(1);
1-47 or
1-48 (B) an offense under federal law or laws of
1-49 another state that involves the same conduct as an offense
1-50 described by Subsection (a)(1).
1-51 SECTION 2. Section 411.150(a), Government Code, is amended
1-52 to read as follows:
1-53 (a) A juvenile who is committed to the Texas Youth
1-54 Commission shall provide one or more blood samples or other
1-55 specimens taken by or at the request of the commission for the
1-56 purpose of creating a DNA record if the juvenile is ordered by a
1-57 juvenile court to give the sample or specimen or is committed to
1-58 the commission for an adjudication as having engaged in delinquent
1-59 conduct that violates:
1-60 (1) an offense:
1-61 (A) under Section 19.02, Penal Code (murder), or
1-62 Section 22.02, Penal Code (aggravated assault);
1-63 (B) under Section 30.02, Penal Code (burglary),
1-64 if the offense is punishable under Subsection (c)(2) of that
2-1 section; or
2-2 (C) for which the juvenile is required to
2-3 register as a sex offender under Chapter 62, Code of Criminal
2-4 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
2-5 Regular Session, 1997 [one or more of the following Penal Code
2-6 provisions:]
2-7 [(A) Section 21.11 (indecency with a child);]
2-8 [(B) Section 22.011 (sexual assault);]
2-9 [(C) Section 22.021 (aggravated sexual assault);]
2-10 [(D) Section 20.04(a)(4) (aggravated
2-11 kidnapping), if the defendant committed the offense with the intent
2-12 to violate or abuse the victim sexually; or]
2-13 [(E) Section 30.02 (burglary), if the offense is
2-14 punishable under Subsection (d) and the defendant committed the
2-15 offense with the intent to commit a felony listed in Paragraph (A),
2-16 (B), (C), or (D) of this subdivision]; or
2-17 (2) a penal law if the juvenile has previously been
2-18 adjudicated as having engaged in:
2-19 (A) a violation of a penal law described in
2-20 Subsection (a)(1); or
2-21 (B) a violation of a penal law under federal law
2-22 or the laws of another state that involves the same conduct as a
2-23 violation of a penal law described by Subsection (a)(1).
2-24 SECTION 3. As required by Section 411.148, Government Code,
2-25 as amended by this Act, the institutional division of the Texas
2-26 Department of Criminal Justice shall collect a blood sample or
2-27 other specimen from an inmate serving a sentence for murder,
2-28 aggravated assault, burglary punishable under Section 30.02(c)(2),
2-29 Penal Code, or an offense for which registration as a sex offender
2-30 is required but for which the collection of a blood sample or other
2-31 specimen was not required before the effective date of this Act or
2-32 from an inmate having previously been convicted of one of those
2-33 offenses. The division shall collect the sample or specimen during
2-34 the diagnostic process, but only from an inmate who has not
2-35 completed the diagnostic process before February 1, 2000. The
2-36 division shall collect the sample or specimen from an inmate who
2-37 has completed the diagnostic process before February 1, 2000, not
2-38 later than the 90th day before the inmate's earliest parole
2-39 eligibility date, unless the inmate's earliest parole eligibility
2-40 date is before May 1, 2000, in which event the division shall
2-41 collect the sample or specimen as soon as possible after February
2-42 1, 2000.
2-43 SECTION 4. This Act takes effect September 1, 1999.
2-44 SECTION 5. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended.
2-49 * * * * *