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.