78R6905 KCR-D
By: McCall, Raymond, Allen, et al. H.B. No. 562
A BILL TO BE ENTITLED
AN ACT
relating to the collection and maintenance of DNA samples taken
from certain offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 411, Government Code, is
amended by adding Section 411.1481 to read as follows:
Sec. 411.1481. DNA RECORDS: CAPITAL MURDER. (a) This
section applies to:
(1) an inmate serving a sentence in the institutional
division of the Texas Department of Criminal Justice for an offense
under Section 19.03, Penal Code (capital murder); and
(2) a juvenile committed to the Texas Youth Commission
for an adjudication as having engaged in delinquent conduct that
violates Section 19.03, Penal Code (capital murder).
(b) The institutional division or the commission, as
appropriate, shall obtain a sample or specimen from an inmate or
juvenile described by Subsection (a) for the purpose of creating a
DNA record and shall perform duties in respect to obtaining,
preserving, maintaining a record of, and sending the sample or
specimen to the director in the same manner as if the sample or
specimen were obtained under Section 411.148.
SECTION 2. (a) This Act takes effect on the date on which
the director of the Department of Public Safety certifies to the
governor, the lieutenant governor, and the 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,
Penal Code, and all juveniles committed to the Texas Youth
Commission for an adjudication as having engaged in delinquent
conduct that violates Section 19.03, Penal Code, for the purpose of
creating a DNA record under Subchapter G, Chapter 411, Government
Code, as required by this Act.
(b) As required by Section 411.1481, Government Code, as
added by this Act, the institutional division of the Texas
Department of Criminal Justice shall collect a blood sample or
other specimen from an inmate serving a sentence for capital murder
from whom a blood sample or other specimen was not required before
the effective date of this Act or from an inmate previously
convicted of capital murder. The division shall collect the sample
or specimen during the diagnostic process, but only from an inmate
who has not completed the diagnostic process before the 120th day
following the effective date of this Act. The division shall
collect the sample or specimen not later than the first anniversary
of the effective date of this Act from an inmate who has completed
the diagnostic process before the 120th day following the effective
date of this Act.
(c) As required by Section 411.1481, Government Code, as
added by this Act, the Texas Youth Commission shall collect a blood
sample or other specimen from a juvenile committed to the
commission for capital murder from whom a blood sample or other
specimen was not required before the effective date of this Act or
from a juvenile previously committed to the commission for capital
murder. The commission shall collect the sample or specimen during
the initial examination, but only from a juvenile who has not
completed the initial examination before the 120th day following
the effective date of this Act. The commission shall collect the
sample or specimen not later than the first anniversary of the
effective date of this Act or 30 days before the juvenile's
scheduled release or transfer from a facility operated by the
commission, whichever is earlier, from a juvenile who has completed
the initial examination before the 120th day following the
effective date of this Act.