1-1     By:  McCall (Senate Sponsor - Shapiro)                H.B. No. 3215
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the methods by which the Texas Department of Criminal
 1-9     Justice and the Texas Youth Commission obtain samples or specimens
1-10     for the purpose of creating a DNA record.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 411.148, Government Code, is amended by
1-13     adding Subsections (f)-(h) to read as follows:
1-14           (f)  A medical staff employee of the institutional division
1-15     may obtain a voluntary sample or specimen from any inmate.
1-16           (g)  An employee of the institutional division may use force
1-17     against an inmate required to provide a sample under this section
1-18     when and to the degree the employee reasonably believes the force
1-19     is immediately necessary to obtain the sample or specimen.
1-20           (h)  The Texas Department of Criminal Justice may contract
1-21     with an individual or entity for the provision of phlebotomy
1-22     services under this section.
1-23           SECTION 2.  Section 411.150, Government Code, is amended by
1-24     adding Subsections (c)-(f) to read as follows:
1-25           (c)  The Texas Youth Commission shall:
1-26                 (1)  obtain blood samples or other specimens from
1-27     juveniles under this section;
1-28                 (2)  preserve each  sample or other specimen collected;
1-29                 (3)  maintain a record of the collection of the sample
1-30     or specimen; and
1-31                 (4)  send the sample or specimen to the director for
1-32     scientific analysis under this subchapter.
1-33           (d)  A medical staff employee of the Texas Youth Commission
1-34     may obtain a voluntary sample or specimen from any juvenile.
1-35           (e)  An employee of the Texas Youth Commission may use force
1-36     against a juvenile required to provide a sample under this section
1-37     when and to the degree the employee reasonably believes the force
1-38     is immediately necessary to obtain the sample or specimen.
1-39           (f)  The Texas Youth Commission may contract with an
1-40     individual or entity for the provision of phlebotomy services under
1-41     this section.
1-42           SECTION 3.  This Act takes effect September 1, 1999.
1-43           SECTION 4.  The importance of this legislation and the
1-44     crowded condition of the calendars in both houses create an
1-45     emergency and an imperative public necessity that the
1-46     constitutional rule requiring bills to be read on three several
1-47     days in each house be suspended, and this rule is hereby suspended.
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