HBA-JEK, MSH H.B. 588 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 588
By: Garcia
Corrections
2/25/2001
Introduced



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.
House Bill 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

House Bill 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.