By McCall H.B. No. 1899
76R7788 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the creation of a DNA record for certain
1-3 individuals convicted of burglary or adjudicated as having engaged
1-4 in delinquent conduct that violates the prohibition against
1-5 burglary.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 411.148(a), Government Code, is amended
1-8 to read as follows:
1-9 (a) An inmate of the institutional division or other penal
1-10 institution shall provide one or more blood samples or other
1-11 specimens taken by or at the request of the institutional division
1-12 for the purpose of creating a DNA record if the inmate is ordered
1-13 by a court to give the sample or specimen or is serving a sentence
1-14 for:
1-15 (1) an offense under one or more of the following
1-16 Penal Code provisions:
1-17 (A) Section 21.11 (indecency with a child);
1-18 (B) Section 22.011 (sexual assault);
1-19 (C) Section 22.021 (aggravated sexual assault);
1-20 (D) Section 20.04(a)(4) (aggravated kidnapping),
1-21 if the defendant committed the offense with intent to violate or
1-22 abuse the victim sexually; or
1-23 (E) Section 30.02 (burglary), if the offense is
1-24 punishable under Subsection (c)(2) or (d) of that section [and the
2-1 defendant committed the offense with intent to commit a felony
2-2 listed in Paragraph (A), (B), (C), or (D) of this subdivision]; or
2-3 (2) any offense if the inmate has previously been
2-4 convicted of:
2-5 (A) an offense described in Subsection (a)(1);
2-6 or
2-7 (B) an offense under federal law or laws of
2-8 another state that involves the same conduct as an offense
2-9 described by Subsection (a)(1).
2-10 SECTION 2. Section 411.150(a), Government Code, is amended
2-11 to read as follows:
2-12 (a) A juvenile who is committed to the Texas Youth
2-13 Commission shall provide one or more blood samples or other
2-14 specimens taken by or at the request of the commission for the
2-15 purpose of creating a DNA record if the juvenile is ordered by a
2-16 juvenile court to give the sample or specimen or is committed to
2-17 the commission for an adjudication as having engaged in delinquent
2-18 conduct that violates:
2-19 (1) one or more of the following Penal Code
2-20 provisions:
2-21 (A) Section 21.11 (indecency with a child);
2-22 (B) Section 22.011 (sexual assault);
2-23 (C) Section 22.021 (aggravated sexual assault);
2-24 (D) Section 20.04(a)(4) (aggravated kidnapping),
2-25 if the defendant committed the offense with the intent to violate
2-26 or abuse the victim sexually; or
2-27 (E) Section 30.02 (burglary), if the offense is
3-1 punishable under Subsection (c)(2) or (d) [and the defendant
3-2 committed the offense with the intent to commit a felony listed in
3-3 Paragraph (A), (B), (C), or (D) of this subdivision]; or
3-4 (2) a penal law if the juvenile has previously been
3-5 adjudicated as having engaged in:
3-6 (A) a violation of a penal law described in
3-7 Subsection (a)(1); or
3-8 (B) a violation of a penal law under federal law
3-9 or the laws of another state that involves the same conduct as a
3-10 violation of a penal law described by Subsection (a)(1).
3-11 SECTION 3. The change in law made by this Act to Sections
3-12 411.148 and 411.150, Government Code, apply to inmates who on or
3-13 after the effective date of this Act are confined in the
3-14 institutional division of the Texas Department of Criminal Justice
3-15 and to juveniles who on or after the effective date of this Act are
3-16 committed to the Texas Youth Commission, regardless of whether
3-17 those inmates are confined for offenses committed before, on, or
3-18 after the effective date of this Act and whether those juveniles
3-19 are committed for delinquent conduct engaged in before, on, or
3-20 after the effective date of this Act.
3-21 SECTION 4. This Act takes effect September 1, 1999.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.