1-1 AN ACT
1-2 relating to the creation of a DNA record for certain persons
1-3 convicted of a felony; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.148(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) An inmate serving a sentence for a felony in [of] the
1-8 institutional division [or other penal institution] shall provide
1-9 one or more blood samples or other specimens [taken by or at the
1-10 request of the institutional division] for the purpose of creating
1-11 a DNA record [if the inmate is ordered by a court to give the
1-12 sample or specimen or is serving a sentence for:]
1-13 [(1) an offense:]
1-14 [(A) under Section 19.02, Penal Code (murder),
1-15 or Section 22.02, Penal Code (aggravated assault);]
1-16 [(B) under Section 30.02, Penal Code (burglary),
1-17 if the offense is punishable under Subsection (c)(2) or (d) of that
1-18 section; or]
1-19 [(C) for which the inmate is required to
1-20 register as a sex offender under Chapter 62, Code of Criminal
1-21 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-22 Regular Session, 1997; or]
1-23 [(2) any offense if the inmate has previously been
1-24 convicted of or adjudicated as having engaged in:]
2-1 [(A) an offense described in Subsection (a)(1);
2-2 or]
2-3 [(B) an offense under federal law or laws of
2-4 another state that involves the same conduct as an offense
2-5 described by Subsection (a)(1)].
2-6 SECTION 2. Section 411.148, Government Code, is amended by
2-7 adding Subsection (i) to read as follows:
2-8 (i) Notwithstanding Subsection (a), if at the beginning of a
2-9 fiscal year the executive director of the Texas Department of
2-10 Criminal Justice determines that sufficient funds have not been
2-11 appropriated to the department to obtain a sample from each inmate
2-12 otherwise required to provide a sample under Subsection (a), the
2-13 executive director shall direct the institutional division to give
2-14 priority to obtaining samples from inmates ordered by a court to
2-15 give the sample or specimen or serving sentences for:
2-16 (1) an offense:
2-17 (A) under Section 19.02, Penal Code (murder), or
2-18 Section 22.02, Penal Code (aggravated assault);
2-19 (B) under Section 30.02, Penal Code (burglary),
2-20 if the offense is punishable under Subsection (c)(2) or (d) of that
2-21 section; or
2-22 (C) for which the inmate is required to register
2-23 as a sex offender under Chapter 62, Code of Criminal Procedure; or
2-24 (2) any offense if the inmate has previously been
2-25 convicted of or adjudicated as having engaged in:
2-26 (A) an offense described in Subdivision (1); or
2-27 (B) an offense under federal law or laws of
3-1 another state that involves the same conduct as an offense
3-2 described by Subdivision (1).
3-3 SECTION 3. Section 411.153(b), Government Code, is amended
3-4 to read as follows:
3-5 (b) A person commits an offense if the person knowingly
3-6 discloses information in a DNA record or information related to a
3-7 DNA analysis of a blood specimen except as authorized by this
3-8 chapter. An offense under this subsection is a state jail felony
3-9 [misdemeanor punishable by:]
3-10 [(1) a fine of not more than $1,000;]
3-11 [(2) confinement in the county jail for not more than
3-12 six months; or]
3-13 [(3) both the fine and confinement].
3-14 SECTION 4. The change in law made by this Act to Section
3-15 411.148(a), Government Code, applies only to an inmate who begins
3-16 serving a sentence in the institutional division of the Texas
3-17 Department of Criminal Justice on or after the effective date of
3-18 this Act.
3-19 SECTION 5. This Act takes effect on the date on which the
3-20 director of the Department of Public Safety certifies to the
3-21 governor, the lieutenant governor, and the speaker of the house of
3-22 representatives that the state has received funds from the federal
3-23 government or from other sources in a sufficient amount to pay all
3-24 costs to the department associated with expanding the list of
3-25 offenses for which samples or specimens are taken for the purpose
3-26 of creating a DNA record under Subchapter G, Chapter 411,
3-27 Government Code, as required by this Act.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 588 was passed by the House on May 8,
2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 588 on May 24, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 588 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 588 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 588 on May 27, 2001, by
the following vote: Yeas 30, Nays 0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor