77R11242 E                           
         By Garcia, Allen                                       H.B. No. 588
         Substitute the following for H.B. No. 588:
         By Allen                                           C.S.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.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 411.148(a), Government Code, is amended to
 1-7     read as follows:
 1-8           (a)  An inmate serving a sentence for a felony in [of] the
 1-9     institutional division [or other penal institution] shall provide
1-10     one or more blood samples or other specimens [taken by or at the
1-11     request of the institutional division] for the purpose of creating
1-12     a DNA record [if the inmate is ordered by a court to give the
1-13     sample or specimen or is serving a sentence for:]
1-14                 [(1)  an offense:]
1-15                       [(A)  under Section 19.02, Penal Code (murder),
1-16     or Section 22.02, Penal Code (aggravated assault);]
1-17                       [(B)  under Section 30.02, Penal Code (burglary),
1-18     if the offense is punishable under Subsection (c)(2) or (d) of that
1-19     section; or]
1-20                       [(C)  for which the inmate is required to
1-21     register as a sex offender under Chapter 62, Code of Criminal
1-22     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-23     Regular Session, 1997; or]
1-24                 [(2)  any offense if the inmate has previously been
 2-1     convicted of or adjudicated as having engaged in:]
 2-2                       [(A)  an offense described in Subsection (a)(1);
 2-3     or]
 2-4                       [(B)  an offense under federal law or laws of
 2-5     another state that involves the same conduct as an offense
 2-6     described by Subsection (a)(1)].
 2-7           SECTION 2. Section 411.150(a), Government Code, is amended to
 2-8     read as follows:
 2-9           (a)  A juvenile who is committed to the Texas Youth
2-10     Commission shall provide one or more blood samples or other
2-11     specimens [taken by or at the request of the commission] for the
2-12     purpose of creating a DNA record if the juvenile [is ordered by a
2-13     juvenile court to give the sample or specimen or] is committed to
2-14     the commission for an adjudication as having engaged in delinquent
2-15     conduct that violates a penal law of the grade of felony[:]
2-16                 [(1)  an offense:]
2-17                       [(A)  under Section 19.02, Penal Code (murder),
2-18     or 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 juvenile is required to
2-23     register as a sex offender under Chapter 62, Code of Criminal
2-24     Procedure, as added by Chapter 668, Acts of the 75th Legislature,
2-25     Regular Session, 1997; or]
2-26                 [(2)  a penal law if the juvenile has previously been
2-27     convicted of or adjudicated as having engaged in:]
 3-1                       [(A)  a violation of a penal law described in
 3-2     Subsection (a)(1); or]
 3-3                       [(B)  a violation of a penal law under federal
 3-4     law or the laws of another state that involves the same conduct as
 3-5     a violation of a penal law described by Subsection (a)(1)].
 3-6           SECTION 3. (a)  The change in law made by this Act to Section
 3-7     411.148, Government Code, applies only to an inmate who begins
 3-8     serving a sentence in the institutional division of the Texas
 3-9     Department of Criminal Justice on or after the effective date of
3-10     this Act.
3-11           (b)  The change in law made by this Act to Section 411.150,
3-12     Government Code, applies only to a juvenile committed to the Texas
3-13     Youth Commission on or after the effective date of this Act.
3-14           SECTION 4.  This Act takes effect January 1, 2002.
3-15           SECTION 5.  An appropriations rider shall be added to the
3-16     appropriations bill showing that no general revenue money, no Texas
3-17     Department of Criminal Justice money, and Department of Public
3-18     Safety money will be used for the payment of this bill.  Further,
3-19     if a federal grant is not received by the Department of Public
3-20     Safety to pay for the costs associated with C.S.H.B. 588, C.S.H.B.
3-21     588 will be null and void.