78R2907 KCR-D

By:  McCall                                                       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.  Section 411.148(a), Government Code, as amended 
by Chapter 211, Acts of the 77th Legislature, Regular Session, 
2001, is amended to read as follows:
	(a)  An inmate of the institutional division or other penal 
institution shall provide one or more blood samples or other 
specimens taken by or at the request of the institutional division 
for the purpose of creating a DNA record 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:
		(1)  an offense:                                                              
			(A)  under Section 19.02, Penal Code (murder), 
Section 19.03, Penal Code (capital murder), or  Section 22.02, 
Penal Code (aggravated assault);
			(B)  under Section 30.02, Penal Code (burglary), 
if the offense is punishable under Subsection (c)(2) or (d) of that 
section;  or
			(C)  for which the inmate is required to register 
as a sex offender under Chapter 62, Code of Criminal Procedure;  or
		(2)  any offense if the inmate has previously been 
convicted of or adjudicated as having engaged in:
			(A)  an offense described in Subsection (a)(1);  
or                        
			(B)  an offense under federal law or laws of 
another state that involves the same conduct as an offense 
described by Subsection (a)(1).
	SECTION 2.  Section 411.150(a), Government Code, is amended 
to read as follows:
	(a)  A juvenile who is committed to the Texas Youth 
Commission shall provide one or more blood samples or other 
specimens taken by or at the request of the commission for the 
purpose of creating a DNA record if the juvenile has not already 
provided the required specimen under other state law and if the 
juvenile is ordered by a juvenile court to give the sample or 
specimen or is committed to the commission for an adjudication as 
having engaged in delinquent conduct that violates:
		(1)  an offense:                                                              
			(A)  under Section 19.02, Penal Code (murder), 
Section 19.03, Penal Code (capital murder), or  Section 22.02, 
Penal Code (aggravated assault);
			(B)  under  Section 30.02, Penal Code (burglary), 
if the offense is punishable under Subsection (c)(2) or (d) of that 
section; or
			(C)  for which the juvenile is required to 
register as a sex offender under Chapter 62, Code of Criminal 
Procedure;  or
		(2)  a penal law if the juvenile has previously been 
convicted of or adjudicated as having engaged in:
			(A)  a violation of a penal law described in 
Subsection (a)(1);  or        
			(B)  a violation of a penal law under federal law 
or the laws of another state that involves the same conduct as a 
violation of a penal law described by Subsection (a)(1).
	SECTION 3.  Chapter 1509, Acts of the 77th Legislature, 
Regular Session, 2001, is repealed.
	SECTION 4.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
inmate who begins serving a sentence in the institutional division 
of the Texas Department of Criminal Justice or to a juvenile who is 
committed to the Texas Youth Commission on or after September 1, 
2003. An inmate who begins serving a sentence or a juvenile who is 
committed before September 1, 2003, is covered by the law in effect 
when the sentence or commitment began, and the former law is 
continued in effect for that purpose.