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.