78R6905 KCR-D


By:  McCall, Raymond                                              H.B. No. 562

Substitute the following for H.B. No. 562:                                    

By:  Keel                                                     C.S.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.