By Garcia H.B. No. 588
77R2912 JMG-D
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) As required by Section 411.148, Government
3-7 Code, as amended by this Act, the institutional division of the
3-8 Texas Department of Criminal Justice shall collect a blood sample
3-9 or other specimen from an inmate serving a sentence in the
3-10 institutional division the collection of which was not required
3-11 before the effective date of this Act. The division shall collect
3-12 the sample or specimen during the diagnostic process, but only from
3-13 an inmate who has not completed the diagnostic process before
3-14 February 1, 2002. The division shall collect the sample or
3-15 specimen from an inmate who has completed the diagnostic process
3-16 before February 1, 2002, not later than the 90th day before the
3-17 inmate's earliest parole eligibility date, unless the inmate's
3-18 earliest parole eligibility date is before May 1, 2002, in which
3-19 event the division shall collect the sample or specimen as soon as
3-20 possible after February 1, 2002.
3-21 (b) As required by Section 411.150, Government Code, as
3-22 amended by this Act, the Texas Youth Commission shall collect a
3-23 blood sample or other specimen from a juvenile committed to the
3-24 commission the collection of which was not required before the
3-25 effective date of this Act. The commission shall collect the
3-26 sample or specimen as soon as practicable after the effective date
3-27 of this Act, but in no event later than the day before the juvenile
4-1 is to be discharged from the custody of the commission.
4-2 SECTION 4. This Act takes effect immediately if it receives
4-3 a vote of two-thirds of all the members elected to each house, as
4-4 provided by Section 39, Article III, Texas Constitution. If this
4-5 Act does not receive the vote necessary for immediate effect, this
4-6 Act takes effect September 1, 2001.