By Garcia, Allen                                       H.B. No. 588
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a DNA record for certain persons
 1-3     convicted of a felony or adjudicated as having engaged in
 1-4     delinquent conduct constituting a felony offense; providing a
 1-5     penalty.
 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 to
 1-8     read as follows:
 1-9           (a)  An inmate serving a sentence for a felony in [of] the
1-10     institutional division [or other penal institution] shall provide
1-11     one or more blood samples or other specimens [taken by or at the
1-12     request of the institutional division] for the purpose of creating
1-13     a DNA record, except for the following:
1-14                 (1)  Section 22.08, Penal Code (aiding suicide);
1-15                 (2)  Section 25.03, Penal Code (interference with child
1-16     custody);
1-17                 (3)  Section 25.05, Penal Code (failure to pay child
1-18     support);
1-19                 (4)  Section 25.09, Penal Code (advertising for
1-20     adoption placement without a license); and
1-21                 (5)  Section 481.121, Health and Safety Code
1-22     (possession of marihuana) [if the inmate is ordered by a court to
1-23     give the sample or specimen or is serving a sentence for:]
1-24                 [(1)  an offense:]
 2-1                       [(A)  under Section 19.02, Penal Code (murder),
 2-2     or Section 22.02, Penal Code (aggravated assault);]
 2-3                       [(B)  under Section 30.02, Penal Code (burglary),
 2-4     if the offense is punishable under Subsection (c)(2) or (d) of that
 2-5     section; or]
 2-6                       [(C)  for which the inmate is required to
 2-7     register as a sex offender under Chapter 62, Code of Criminal
 2-8     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
 2-9     Regular Session, 1997; or]
2-10                 [(2)  any offense if the inmate has previously been
2-11     convicted of or adjudicated as having engaged in:]
2-12                       [(A)  an offense described in Subsection (a)(1);
2-13     or]
2-14                       [(B)  an offense under federal law or laws of
2-15     another state that involves the same conduct as an offense
2-16     described by Subsection (a)(1)].
2-17           SECTION 2. Section 411.148, Government Code, is amended by
2-18     adding Subsection (i) to read as follows:
2-19           (i)  Notwithstanding Subsection (a), if at the beginning of a
2-20     fiscal year the executive director of the Texas Department of
2-21     Criminal Justice determines that sufficient funds have not been
2-22     appropriated to the department to obtain a sample from each inmate
2-23     otherwise required to provide a sample under Subsection (a), the
2-24     executive director shall direct the institutional division to give
2-25     priority to obtaining samples from inmates ordered by a court to
2-26     give the sample or specimen or serving sentences for:
2-27                 (1)  an offense:
 3-1                       (A)  under Section 19.02, Penal Code (murder), or
 3-2     Section 22.02, Penal Code (aggravated assault);
 3-3                       (B)  under Section 30.02, Penal Code (burglary),
 3-4     if the offense is punishable under Subsection (c)(2) or (d) of that
 3-5     section; or
 3-6                       (C)  for which the inmate is required to register
 3-7     as a sex offender under Chapter 62, Code of Criminal Procedure; or
 3-8                 (2)  any offense if the inmate has previously been
 3-9     convicted of or adjudicated as having engaged in:
3-10                       (A)  an offense described in Subdivision (1); or
3-11                       (B)  an offense under federal law or laws of
3-12     another state that involves the same conduct as an offense
3-13     described by Subdivision (1).
3-14           SECTION 3. Section 411.150(a), Government Code, is amended to
3-15     read as follows:
3-16           (a)  A juvenile who is committed to the Texas Youth
3-17     Commission shall provide one or more blood samples or other
3-18     specimens [taken by or at the request of the commission] for the
3-19     purpose of creating a DNA record if the juvenile [is ordered by a
3-20     juvenile court to give the sample or specimen or] is committed to
3-21     the commission for an adjudication as having engaged in delinquent
3-22     conduct that violates a penal law of the grade of felony[:]
3-23                 [(1)  an offense:]
3-24                       [(A)  under Section 19.02, Penal Code (murder),
3-25     or Section 22.02, Penal Code (aggravated assault);]
3-26                       [(B)  under Section 30.02, Penal Code (burglary),
3-27     if the offense is punishable under Subsection (c)(2) or (d) of that
 4-1     section; or]
 4-2                       [(C)  for which the juvenile is required to
 4-3     register as a sex offender under Chapter 62, Code of Criminal
 4-4     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
 4-5     Regular Session, 1997; or]
 4-6                 [(2)  a penal law if the juvenile has previously been
 4-7     convicted of or adjudicated as having engaged in:]
 4-8                       [(A)  a violation of a penal law described in
 4-9     Subsection (a)(1); or]
4-10                       [(B)  a violation of a penal law under federal
4-11     law or the laws of another state that involves the same conduct as
4-12     a violation of a penal law described by Subsection (a)(1)].
4-13           SECTION 4. Section 411.150, Government Code, is amended by
4-14     adding Subsection (g) to read as follows:
4-15           (g)  Notwithstanding Subsection (a), if at the beginning of a
4-16     fiscal year the executive director of the Texas Youth Commission
4-17     determines that sufficient funds have not been appropriated to the
4-18     commission to obtain a sample from each juvenile otherwise required
4-19     to provide a sample under Subsection (a), the executive director
4-20     shall direct the commission to give priority to obtaining samples
4-21     from juveniles ordered by a court to give the sample or specimen or
4-22     committed to the commission for an adjudication as having engaged
4-23     in delinquent conduct that violates:
4-24                 (1)  an offense:
4-25                       (A)  under Section 19.02, Penal Code (murder), or
4-26     Section 22.02, Penal Code (aggravated assault);
4-27                       (B)  under Section 30.02, Penal Code (burglary),
 5-1     if the offense is punishable under Subsection (c)(2) or (d) of that
 5-2     section; or
 5-3                       (C)  for which the juvenile is required to
 5-4     register as a sex offender under Chapter 62, Code of Criminal
 5-5     Procedure; or
 5-6                 (2)  a penal law if the juvenile has previously been
 5-7     convicted of or adjudicated as having engaged in:
 5-8                       (A)  a violation of a penal law described in
 5-9     Subdivision (1); or
5-10                       (B)  a violation of a penal law under federal law
5-11     or laws of another state that involves the same conduct as an
5-12     offense described by Subdivision (1).
5-13           SECTION 5. Subchapter G, Chapter 411, Government Code, is
5-14     amended by adding Section 411.155 to read as follows:
5-15           Sec. 411.155.  CERTAIN RESTRICTIONS ON USE; CRIMINAL OFFENSE.
5-16     (a)  A DNA record created under this subchapter is confidential and
5-17     may be used only by a law enforcement agency or by an attorney
5-18     representing the person who is the subject of the record under a
5-19     court order. A DNA sample or specimen may be obtained under this
5-20     subchapter only for the purpose of identification.  A DNA record
5-21     may be expunged if the person who is the subject of the record is
5-22     found not guilty of the offense charged.
5-23           (b)  A person commits an offense if the person violates
5-24     Subsection (a). An offense under this subsection is a state jail
5-25     felony.
5-26           SECTION 6. (a)  The change in law made by this Act to Section
5-27     411.148(a), Government Code, applies only to an inmate who begins
 6-1     serving a sentence in the institutional division of the Texas
 6-2     Department of Criminal Justice on or after the effective date of
 6-3     this Act.
 6-4           (b)  The change in law made by this Act to Section
 6-5     411.150(a), Government Code, applies only to a juvenile committed
 6-6     to the Texas Youth Commission on or after the effective date of
 6-7     this Act.
 6-8           SECTION 7.  This Act takes effect January 1, 2002.