HBA-JEK, MSH C.S.H.B. 588 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 588 By: Garcia Corrections 4/3/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Recent advances in DNA technology can help ensure that justice is better served by helping to identify persons who commit crimes as well as exonerate innocent persons accused of a crime. Current law requires an adult inmate of the institutional division or another penal institution of the Texas Department of Criminal Justice (TDCJ) to submit one or more blood samples or other specimens to TDCJ for the creation of a DNA record only if the inmate is ordered by a court to give the sample or is serving a sentence for certain violent crimes. The law also requires a juvenile who is committed to the institutional division of the Texas Youth Commission (TYC) to provide one or more blood samples or other specimens for the creation of a DNA record at the request of TYC or if the individual has been committed for an adjudication related to certain violent crimes. C.S.H.B. 588 broadens the type and scope of offenses for which a blood sample must be surrendered by requiring any adult inmate convicted of a felony or any juvenile who receives an adjudication for delinquent conduct of the grade of felony to provide one or more blood samples or other specimens for the creation of a DNA record. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 588 amends the Government Code to require that all inmates serving sentences for a felony in the institutional division of the Texas Department of Criminal Justice (institutional division) to provide one or more blood samples for the purpose of creating a DNA record. The bill requires a juvenile who is committed to the Texas Youth Commission (commission) for an adjudication as having engaged in delinquent conduct that violates a penal law of the grade of felony to provide one or more blood samples or other specimens for the purpose of creating a DNA record. The bill sets forth sample and specimen collection requirements for the institutional division and the commission. C.S.H.B. 588 requires an appropriations rider to be added to the appropriations bill showing that no general revenue money, Texas Department of Criminal Justice money, or Department of Public Safety (DPS) money will be used to pay for this bill. The bill is null and void if a federal grant is not received by DPS to pay for the costs associated with the bill. EFFECTIVE DATE January 1, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 588 differs from the original bill by applying the provisions of the bill 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. The substitute removes provisions that specified when specimens could be taken from various inmates. The substitute adds an appropriations rider to the appropriations bill showing that no general revenue, Texas Department of Criminal Justice money, or Department of Public Safety (DPS) money will be used to pay for this bill, and that the bill is null and void if DPS does not receive a federal grant to pay for the costs associated with the bill. The substitute changes the effective date.