1-1 By: Garcia, Allen (Senate Sponsor - Jackson) H.B. No. 588
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of a DNA record for certain persons
1-9 convicted of a felony or adjudicated as having engaged in
1-10 delinquent conduct constituting a felony offense; providing a
1-11 penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 411.148(a), Government Code, is amended to
1-14 read as follows:
1-15 (a) An inmate serving a sentence for a felony in [of] the
1-16 institutional division [or other penal institution] shall provide
1-17 one or more blood samples or other specimens [taken by or at the
1-18 request of the institutional division] for the purpose of creating
1-19 a DNA record, except for the following:
1-20 (1) Section 22.08, Penal Code (aiding suicide);
1-21 (2) Section 25.03, Penal Code (interference with child
1-22 custody);
1-23 (3) Section 25.05, Penal Code (failure to pay child
1-24 support);
1-25 (4) Section 25.09, Penal Code (advertising for
1-26 adoption placement without a license); and
1-27 (5) Section 481.121, Health and Safety Code
1-28 (possession of marihuana) [if the inmate is ordered by a court to
1-29 give the sample or specimen or is serving a sentence for:]
1-30 [(1) an offense:]
1-31 [(A) under Section 19.02, Penal Code (murder),
1-32 or Section 22.02, Penal Code (aggravated assault);]
1-33 [(B) under Section 30.02, Penal Code (burglary),
1-34 if the offense is punishable under Subsection (c)(2) or (d) of that
1-35 section; or]
1-36 [(C) for which the inmate is required to
1-37 register as a sex offender under Chapter 62, Code of Criminal
1-38 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
1-39 Regular Session, 1997; or]
1-40 [(2) any offense if the inmate has previously been
1-41 convicted of or adjudicated as having engaged in:]
1-42 [(A) an offense described in Subsection (a)(1);
1-43 or]
1-44 [(B) an offense under federal law or laws of
1-45 another state that involves the same conduct as an offense
1-46 described by Subsection (a)(1)].
1-47 SECTION 2. Section 411.148, Government Code, is amended by
1-48 adding Subsection (i) to read as follows:
1-49 (i) Notwithstanding Subsection (a), if at the beginning of a
1-50 fiscal year the executive director of the Texas Department of
1-51 Criminal Justice determines that sufficient funds have not been
1-52 appropriated to the department to obtain a sample from each inmate
1-53 otherwise required to provide a sample under Subsection (a), the
1-54 executive director shall direct the institutional division to give
1-55 priority to obtaining samples from inmates ordered by a court to
1-56 give the sample or specimen or serving sentences for:
1-57 (1) an offense:
1-58 (A) under Section 19.02, Penal Code (murder), or
1-59 Section 22.02, Penal Code (aggravated assault);
1-60 (B) under Section 30.02, Penal Code (burglary),
1-61 if the offense is punishable under Subsection (c)(2) or (d) of that
1-62 section; or
1-63 (C) for which the inmate is required to register
1-64 as a sex offender under Chapter 62, Code of Criminal Procedure; or
2-1 (2) any offense if the inmate has previously been
2-2 convicted of or adjudicated as having engaged in:
2-3 (A) an offense described in Subdivision (1); 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 Subdivision (1).
2-7 SECTION 3. 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:]
2-28 [(A) a violation of a penal law described in
2-29 Subsection (a)(1); or]
2-30 [(B) a violation of a penal law under federal
2-31 law or the laws of another state that involves the same conduct as
2-32 a violation of a penal law described by Subsection (a)(1)].
2-33 SECTION 4. Section 411.150, Government Code, is amended by
2-34 adding Subsection (g) to read as follows:
2-35 (g) Notwithstanding Subsection (a), if at the beginning of a
2-36 fiscal year the executive director of the Texas Youth Commission
2-37 determines that sufficient funds have not been appropriated to the
2-38 commission to obtain a sample from each juvenile otherwise required
2-39 to provide a sample under Subsection (a), the executive director
2-40 shall direct the commission to give priority to obtaining samples
2-41 from juveniles ordered by a court to give the sample or specimen or
2-42 committed to the commission for an adjudication as having engaged
2-43 in delinquent conduct that violates:
2-44 (1) an offense:
2-45 (A) under Section 19.02, Penal Code (murder), or
2-46 Section 22.02, Penal Code (aggravated assault);
2-47 (B) under Section 30.02, Penal Code (burglary),
2-48 if the offense is punishable under Subsection (c)(2) or (d) of that
2-49 section; or
2-50 (C) for which the juvenile is required to
2-51 register as a sex offender under Chapter 62, Code of Criminal
2-52 Procedure; or
2-53 (2) a penal law if the juvenile has previously been
2-54 convicted of or adjudicated as having engaged in:
2-55 (A) a violation of a penal law described in
2-56 Subdivision (1); or
2-57 (B) a violation of a penal law under federal law
2-58 or laws of another state that involves the same conduct as an
2-59 offense described by Subdivision (1).
2-60 SECTION 5. Subchapter G, Chapter 411, Government Code, is
2-61 amended by adding Section 411.155 to read as follows:
2-62 Sec. 411.155. CERTAIN RESTRICTIONS ON USE; CRIMINAL OFFENSE.
2-63 (a) A DNA record created under this subchapter is confidential and
2-64 may be used only by a law enforcement agency or by an attorney
2-65 representing the person who is the subject of the record under a
2-66 court order. A DNA sample or specimen may be obtained under this
2-67 subchapter only for the purpose of identification. A DNA record
2-68 may be expunged if the person who is the subject of the record is
2-69 found not guilty of the offense charged.
3-1 (b) A person commits an offense if the person violates
3-2 Subsection (a). An offense under this subsection is a state jail
3-3 felony.
3-4 SECTION 6. (a) The change in law made by this Act to Section
3-5 411.148(a), Government Code, applies only to an inmate who begins
3-6 serving a sentence in the institutional division of the Texas
3-7 Department of Criminal Justice on or after the effective date of
3-8 this Act.
3-9 (b) The change in law made by this Act to Section
3-10 411.150(a), Government Code, applies only to a juvenile committed
3-11 to the Texas Youth Commission on or after the effective date of
3-12 this Act.
3-13 SECTION 7. This Act takes effect January 1, 2002.
3-14 * * * * *