C.S.H.B. 562 78(R)    BILL ANALYSIS


C.S.H.B. 562
By: McCall
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, capital murder is not included as an offense requiring
criminals to provide a blood sample or other specimens for the creation of
a DNA record.   According to the Department of Public Safety, the Texas
DNA forensic database, CODIS (Combined DNA Index System), has collected
137, 246 samples since its inception in 1995 under House Bill 40 of the
74th Legislature. A total of 324 investigations that would have otherwise
remained unsolved before this program have now been closed, and out of the
324 investigations, 183 were "cold hits."  This database has proven itself
to be a valuable tool for law enforcement agencies and will continue to
become even more valuable as technology further advances.  Various law
enforcement agencies would like to see the integrity of the CODIS system
enhanced by including information identifying capital murder offenders in
the database.  The purpose of the bill is to include, in the DNA database,
information from those convicted of capital murder in the future as well
as those currently incarcerated for capital murder in either the Texas
Department of Criminal Justice or the Texas Youth Commission.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  C.S.H.B. 562 adds Section 411.1481 to Subchapter G, Chapter
411, Government Code.  This section would provide for the collection of
DNA samples from offenders convicted of capital murder under Section 19.03
of the Penal Code who are incarcerated in the Texas Department of Criminal
Justice or the Texas Youth Commission, as appropriate, for the purpose of
creating a DNA record.  Procurement, analysis, and maintenance of these
DNA samples would follow the processes and rules given by current law in
Section 411.148 of the Government Code. 

SECTION 2.  
(a).  This section provides that C.S.H.B. 562 would not become effective
until the director of the Department of Public Safety certifies that the
state has received the funds necessary to cover the additional costs
associated with the collection of DNA samples from offenders covered under
this Act. 

(b).  This section provides for retroactive collection of DNA samples from
capital murder offenders currently incarcerated in the Texas Department of
Criminal Justice. 

(c).  This section provides for retroactive collection of DNA samples from
capital murder offenders currently incarcerated in the Texas Youth
Commission. 

EFFECTIVE DATE

This Act takes effect on the date on which the director of the Department
of Public Safety certifies to the Governor,  Lieutenant Governor, and
Speaker of the House of Representatives that the state has received funds
from the federal government or from other sources in a sufficient amount
to pay all costs to the state associated with taking samples or specimens
from all inmates serving sentences for an offense under Section 19.03 of
the Penal Code, and all juveniles committed to the Texas Youth Commission
who have been adjudicated for delinquent conduct in violation of Section
19.03  of the Penal Code for the purpose of creating a DNA record under
Subchapter G, Chapter 411, Government Code, as required by this Act.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

House Bill 562 originally amended Section 411.148(a) of the Government
Code to add offenses under Section 19.03 of the Penal Code (capital
murder) to the list of offenses for which an inmate of the institutional
or other penal division must provide a DNA sample.  It also amended
Section 411.150(a) of the Government Code to add offenses under Section
19.03 of the Penal Code to the list of offenses for which a juvenile
committed to the Texas Youth Commission must provide a DNA sample. 

Rather than adding capital murder offenses under Section 19.03 of the
Penal Code to current language regarding collection of DNA, C.S.H.B. 562
creates an entirely new section of the Government Code which applies only
to inmates convicted of capital murder.  The code provision that would
apply to capital murder offenders under the original bill (Section
411.148, Government Code) states that an inmate "shall provide" DNA
specimens "if the inmate has not already provided the required specimen
under other state law and if the inmate is ordered by a court to give the
sample or specimen or is serving a sentence for an offense under...Section
19.03, Penal Code (capital murder)."  The section proposed in C.S.H.B. 562
provides that the institutional division or commission shall obtain
samples "as appropriate...for the purpose of creating a DNA record."  The
substitute puts the burden for taking a specimen on the Department of
Public Safety, whereas the original put the burden for providing a sample
on the inmate.   

In its original version, this bill applied only to persons beginning their
sentence on or after September 1, 2003.  C.S.H.B. 562 provides instead
that collection of DNA under this Act would include persons currently
incarcerated for capital murder and gives deadlines for such retroactive
procedures.