Amend SB 638 as follows:
(1) Strike SECTION 11 and substitute the following:
SECTION 15. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2001.
(b) The section of this Act that amends Sections 411.148 and
411.150, Government Code, takes effect January 1, 2002.
(2) Add an appropriately numbered SECTION to read as follows
and renumber existing SECTIONS accordingly:
SECTION __. (a) Section 411.148(a), Government Code, is
amended to read as follows:
(a) An inmate serving a sentence for a felony in <of> the
institutional division <or other penal institution> shall provide
one or more blood samples or other specimens <taken by or at the
request of the institutional division> for the purpose of creating
a DNA record, except for an inmate serving a sentence for an
offense under Section 25.09, Penal Code, or Section 481.121, Health
and Safety Code <if the inmate is ordered by a court to give the
sample or specimen or is serving a sentence for:>
<(1) an offense:>
<(A) under Section 19.02, Penal Code (murder),
or Section 22.02, Penal Code (aggravated assault);>
<(B) under Section 30.02, Penal Code (burglary),
if the offense is punishable under Subsection (c)(2) or (d) of that
section; or>
<(C) for which the inmate is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997; or>
<(2) any offense if the inmate has previously been
convicted of or adjudicated as having engaged in:>
<(A) an offense described in Subsection (a)(1);
or>
<(B) an offense under federal law or laws of
another state that involves the same conduct as an offense
described by Subsection (a)(1)>.
(b) Section 411.148, Government Code, is amended by adding
Subsection (i) to read as follows:
(i) Notwithstanding Subsection (a), if at the beginning of a
fiscal year the executive director of the Texas Department of
Criminal Justice determines that sufficient funds have not been
appropriated to the department to obtain a sample from each inmate
otherwise required to provide a sample under Subsection (a), the
executive director shall direct the institutional division to give
priority to obtaining samples from inmates ordered by a court to
give the sample or specimen or serving sentences for:
(1) an offense:
(A) under Section 19.02, Penal Code (murder), or
Section 22.02, Penal Code (aggravated assault);
(B) under Section 30.02, Penal Code (burglary),
if the offense is punishable under Subsection (c)(2) or (d) of that
section; or
(C) for which the inmate is required to register
as a sex offender under Chapter 62, Code of Criminal Procedure; or
(2) any offense if the inmate has previously been
convicted of or adjudicated as having engaged in:
(A) an offense described in Subdivision (1); or
(B) an offense under federal law or laws of
another state that involves the same conduct as an offense
described by Subdivision (1).
(c) Section 411.150(a), Government Code, is amended to read
as follows:
(a) A juvenile who is committed to the Texas Youth
Commission shall provide one or more blood samples or other
specimens <taken by or at the request of the commission> for the
purpose of creating a DNA record if the juvenile <is ordered by a
juvenile court to give the sample or specimen or> is committed to
the commission for an adjudication as having engaged in delinquent
conduct that violates a penal law of the grade of felony<:>
<(1) an offense:>
<(A) under Section 19.02, Penal Code (murder),
or Section 22.02, Penal Code (aggravated assault);>
<(B) under Section 30.02, Penal Code (burglary),
if the offense is punishable under Subsection (c)(2) or (d) of that
section; or>
<(C) for which the juvenile is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997; or>
<(2) a penal law if the juvenile has previously been
convicted of or adjudicated as having engaged in:>
<(A) a violation of a penal law described in
Subsection (a)(1); or>
<(B) a violation of a penal law under federal
law or the laws of another state that involves the same conduct as
a violation of a penal law described by Subsection (a)(1)>.
(d) Section 411.150, Government Code, is amended by adding
Subsection (g) to read as follows:
(g) Notwithstanding Subsection (a), if at the beginning of a
fiscal year the executive director of the Texas Youth Commission
determines that sufficient funds have not been appropriated to the
commission to obtain a sample from each juvenile otherwise required
to provide a sample under Subsection (a), the executive director
shall direct the commission to give priority to obtaining samples
from juveniles ordered by a court to give the sample or specimen or
committed to the commission for an adjudication as having engaged
in delinquent conduct that violates:
(1) an offense:
(A) under Section 19.02, Penal Code (murder), or
Section 22.02, Penal Code (aggravated assault);
(B) under Section 30.02, Penal Code (burglary),
if the offense is punishable under Subsection (c)(2) or (d) of that
section; or
(C) for which the juvenile is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(2) a penal law if the juvenile has previously been
convicted of or adjudicated as having engaged in:
(A) a violation of a penal law described in
Subdivision (1); or
(B) a violation of a penal law under federal law
or laws of another state that involves the same conduct as an
offense described by Subdivision (1).
(e) The change in law made by this section to Section
411.148(a), Government Code, applies only to an inmate who begins
serving a sentence in the institutional division of the Texas
Department of Criminal Justice on or after the effective date of
this section.
(f) The change in law made by this section to Section
411.150(a), Government Code, applies only to a juvenile committed
to the Texas Youth Commission on or after the effective date of
this section.