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.