By:  Driver                                                       H.B. No. 1068


A BILL TO BE ENTITLED
AN ACT
relating to evidence and testimony based on forensic analysis, crime laboratory accreditation, and DNA testing and records. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 38.35, Code of Criminal Procedure, is amended to read as follows: Art. 38.35. Forensic Analysis of Evidence; Admissibility. (a) In this article: (1) "Director" means the director of the Texas Department of Public Safety. (2) "Crime laboratory" includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article. (3) "Criminal action" includes an investigation, complaint, arrest, bail, bond, trial, appeal, punishment or other matter related to conduct proscribed by a criminal offense. (4) "Forensic analysis" means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action. The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court. The term does not include: (A) latent print examination; (B) a test of a specimen of breath under Chapter 724, Transportation Code; [or] (C) an examination or test excluded by rule under Section 411.0205(c), Government Code; (D) a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision or parole agency; or (E) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action. (5) [(2)] "Physical evidence" means any tangible object, thing, or substance relating to a criminal action [offense]. (b)(1) A law enforcement agency, prosecutor, or court may request [procure] a forensic analysis by a crime laboratory of physical evidence if the evidence was obtained in connection with the requesting entity's [agency's] investigation or disposition of a criminal action and the requesting entity: (A) controls the evidence; (B) submits the evidence to the laboratory; or (C) consents to the analysis. (2) If the requesting entity is a criminal suspect, defendant, or legal representative of a suspect or defendant, the individual or representative may request a forensic analysis by a crime laboratory of physical evidence related to the action in which the individual is suspected or charged and the individual: (A) controls the evidence; (B) submits the evidence to the laboratory; or (C) obtains a court order. (c) A law enforcement agency, other governmental agency, or private entity performing a forensic analysis of physical evidence may require the requesting law enforcement agency to pay a fee for such analysis. (d) The burden of persuasion on an evidentiary matter under this article is preponderance of the evidence. A court determination under this article is reviewable as a matter of law. (e)(1) Except as provided by Subsection (f), physical [Physical] evidence subjected to a forensic analysis under this article, and testimony regarding the evidence, [under this article] is not admissible in a criminal case if, at the time of the analysis [or the time the evidence is submitted to the court], the crime laboratory [or other entity] conducting the analysis was not accredited by the director [Department of Public Safety] under Section 411.0205, Government Code. (2) If, on a date before the date of the analysis, the director issues a certificate of accreditation under Section 411.0205, Government Code, to a crime laboratory conducting the analysis, the certificate is prima facie evidence that the laboratory was accredited by the department at the time of the analysis. (f) Physical evidence subjected to a forensic analysis under this article, and testimony regarding the evidence, is not inadmissible in a criminal case based solely on the accreditation status of the crime laboratory conducting the analysis if the laboratory: (A) except for making proper application, was eligible for accreditation by the director at the time of the examination or test; and (B) obtains accreditation from the director before the time of testimony about the examination or test. (g) A law enforcement agency, prosecutor, or crime laboratory may petition a court to require, as a condition of community supervision under Article 42.12, Code of Criminal Procedure, or petition the board of pardons and parole to require, as a condition of release on parole under Chapter 508, Government Code, a person to reimburse the agency for the reasonable cost of the confiscation, analysis, storage, or disposal of evidence, including physical evidence, raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the underlying offense. (h) A defendant may petition a district court to order a law enforcement agency or prosecutor's office to reimburse the defendant for the defendant's reasonable cost of the analysis of evidence, including physical evidence, in connection with an offense if: (1) a charge was filed; (2) the defendant pleads and proves substantive innocence on the charge; (3) the defendant proves that no reasonable law enforcement agency would have filed the charge or that no reasonable prosecutor's office would have filed or prosecuted the charge; and (4) the charge: (A) has been dismissed; (B) is barred from further prosecution; or (C) resulted in a verdict of not guilty. (i) This article does not apply to the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician. [(e) Notwithstanding Subsection (d), physical evidence subjected to a forensic analysis under this article is not inadmissible in a criminal case based solely on the accreditation status of the crime laboratory or other entity conducting the analysis if the laboratory or entity: [(1) has preserved one or more separate samples of the physical evidence for use by the defense attorney or use under order of the convicting court; and [(2) has agreed to preserve those samples until all appeals in the case are final. This subsection expires September 1, 2005]. SECTION 2. Section 411.0205, Government Code, is amended to read as follows: Sec. 411.0205. CRIME LABORATORY ACCREDITATION PROCESS. (a) In this section, "crime laboratory" "forensic analysis" and "physical evidence" have the meanings assigned by Article 38.35, Code of Criminal Procedure[, and "DNA laboratory" has the meaning assigned by Section 411.141]. (b) The director by rule: (1) shall establish an accreditation process for crime laboratories[, including DNA laboratories,] and other entities conducting forensic analyses of physical evidence for use in criminal proceedings; and (2) may modify or remove a crime laboratory exemption under this section if the director determines that the underlying reason for exemption no longer applies. (c) The director by rule may exempt from the accreditation process established under Subsection (b) a crime laboratory [or other entity] conducting a forensic analysis or a type of analysis, examination, or test [of physical evidence for use in criminal proceedings] if the director determines that: (1) independent accreditation is unavailable or inappropriate for the laboratory [or entity] or the type of analysis, examination, or test performed by the laboratory [or entity]; (2) the type of analysis, examination, or test performed by the laboratory [or entity] is admissible under a well-established rule of evidence or a statute other than Article 38.35, Code of Criminal Procedure; [and] (3) the type of analysis, examination, or test performed by the laboratory [or entity] is routinely conducted outside of a crime laboratory [or other applicable entity] by a person other than an employee of the crime laboratory; or (4) the laboratory: (A) is located outside this state or, if located in this state, is operated by a governmental entity other than the state or a political subdivision of the state; and (B) was accredited at the time of the analysis under an accreditation process with standards that meet or exceed the relevant standards of the process established by the director under Subsection (b). (d) The director may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this section. (e) The director may collect costs incurred under this section for accrediting, inspecting, or auditing a crime laboratory. (f) If the director provides a copy of an audit or other report made under this section, the director may charge $6 for the copy, in addition to any other cost permitted under Chapter 552, Government Code, or a rule adopted under that section. (g) Funds collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section may be used only to defray the cost of administering this section or Subchapter G [or other applicable entity]. SECTION 3. Subchapter G, Government Code, is amended to read as follows:
SUBCHAPTER G. DNA DATABASE SYSTEM
Sec. 411.141. DEFINITIONS. In this subchapter: (1) "Anonymous DNA profile" means a DNA record that does not include a code or other identifying number useable to locate the name or other personally identifying information about the individual who is the subject of the analysis. (2) "CODIS" means the FBI's Combined DNA Index System. The term includes the national DNA index system sponsored by the FBI. (3) "Conviction" includes conviction by a jury or a court, guilty plea, plea of nolo contendere or a finding of not guilty by reason of insanity. (4) "Criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure. The term includes a penal institution, community supervision, law enforcement, or other criminal justice agency permitted or required to collect a DNA sample for forensic DNA analysis under this subchapter. The term does not include a public defender agency or a public servant engaged in a criminal defense law practice. (5) "DNA" means deoxyribonucleic acid. (6) [(2)] "DNA database" means one or more databases that contain [the database that contains] forensic DNA records maintained by the director. (7) [(3)] "DNA laboratory" means a laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a department crime laboratory facility that conducts forensic DNA analysis. (8) [(4)] "DNA record" means the results of a forensic DNA analysis performed by a DNA laboratory, including a DNA profile, and related records, which may include a code or other identifying number referenced to a separate database to locate: (A) the originating entity; and (B)[,] if known, the name and other personally identifying information concerning the individual [of the person] who is the subject of the analysis. (9) "DNA sample" means a blood sample or other biological sample or specimen provided by an individual under this subchapter or submitted to the director under this subchapter for DNA analysis or storage. (10) [(5)] "FBI" means the Federal Bureau of Investigation. (11) "Forensic analysis" has the meaning assigned by Article 38.35, Code of Criminal Procedure. (12) [(6)] "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (13) [(7) "Institutional division" means the institutional division of the Texas Department of Criminal Justice. [(8)] "Penal institution" has the meaning assigned by Section 1.07, Penal Code. (14) "TDCJ" means the Texas Department of Criminal Justice. (15) "TYC" means the Texas Youth Commission. Sec. 411.142. DNA DATABASE. (a) The director shall record DNA data and establish and maintain a computerized database that serves as the central depository in the state for DNA records. (b) The director may maintain a [the] DNA database in the department's crime laboratory in Austin or another suitable location. (1) The director may maintain a separate database containing a name or other personally identifying information cross-referenced and searchable by name, code, or other identifier. (2) A CODIS DNA database: (A) may not store a name or other personally identifying information; (B) must be compatible with the national DNA index system to the extent required by the FBI to permit the useful exchange and storage of DNA records or information derived from those records; and (C) may store a code, file, or reference number to another information system only if the director determines the information is necessary to: (i) generate an investigative lead or exclusion; (ii) support the statistical interpretation of a test result; or (iii) allow for the successful implementation of a DNA database. (3) A non-CODIS DNA database: (A) may store a name or other personally identifying information; and (B) should be compatible with the national DNA index system to the extent possible to permit the useful exchange and storage of DNA records or information derived from those records. (c) The director may receive, analyze, store, and destroy a record, or DNA sample [blood sample, or other specimen] for the purposes described by Section 411.143. (d) The DNA database must be capable of classifying, matching, and storing the results of analyses of DNA [and other biological molecules]. (e) The director, with advice from the Department of Information Resources, shall develop biennial plans to: (1) improve the reporting and accuracy of the DNA database; and (2) develop and maintain a monitoring system capable of identifying inaccurate or incomplete information. (f) A [The DNA database must be compatible with the national DNA identification index system (CODIS) used by the FBI to the extent required by the FBI to permit the useful exchange and storage of DNA records or information derived from those records. [(g) The] DNA database may contain DNA records for the following: (1) an individual [a person] described by this subchapter, including Section 411.148, 411.149, or 411.150; (2) a biological specimen of a deceased victim of a crime; (3) a biological specimen that is reasonably believed to be legally obtained in the investigation of a crime, regardless of origin; (4) results of testing ordered by a court under this subchapter, Article 64.03, Code of Criminal Procedure, or other law permitted or requiring the creation of a DNA record; (5) an unidentified missing person, or unidentified skeletal remains or body parts; (6) a close biological relative of a person who has been reported missing to a law enforcement agency; (7) a person at risk of becoming lost, such as a child or a person declared by a court to be mentally incapacitated, if the record is required by court order or a parent, conservator, or guardian of the person consents to the record; or (8) an [unidentified person, if the record] anonymous DNA profile. (g) The director [does not contain personal identifying information. [(h) The department] shall establish standards for DNA analysis by the DNA laboratory that meet or exceed the current standards for quality assurance and proficiency testing for forensic DNA analysis issued by the FBI. The DNA database may contain only DNA records of DNA analyses performed according to the standards adopted by the director [department]. Sec. 411.143. PURPOSES. (a) The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency [or law enforcement agencies] in the investigation or prosecution of a criminal offense [sex-related offenses or other offenses] in which biological evidence is recovered. (b) In criminal cases, the purposes of the DNA database are only for use in the investigation of an offense, the exclusion or identification of suspects or offenders, and the prosecution or defense of the case. (c) Other purposes of the database include: (1) assisting in the recovery or identification of human remains from a disaster or for humanitarian purposes; (2) assisting in the identification of living or deceased missing persons; [and] (3) if the record is an anonymous DNA profile [personal identifying information is removed]: (A) establishing a population statistics database; and (B) assisting in identification research, forensic validation studies, or forensic [and] protocol development; and (4) retesting to validate or update the original analysis or [(C)] assisting in database or DNA laboratory quality control. (d) The information contained in the DNA database may not be collected, analyzed, or stored to obtain information about human physical traits or predisposition for disease unless the purpose for obtaining the information is related to a purpose described by this section. (e) A party contracting to carry out a function of another entity under this subchapter shall comply with: (1) a requirement imposed by this subchapter on the other entity, unless the party or other entity is exempted by the director; and (2) an additional requirement imposed by the director on the party [The director may not store a name or other personal identifying information in the CODIS database. A file or reference number to another information system may be included in the CODIS database only if the director determines the information is necessary to: [(1) generate an investigative lead or exclusion; [(2) support the statistical interpretation of a test result; or [(3) allow for the successful implementation of the DNA database. [(f) Except as provided by this subchapter, the DNA database may not include criminal history record information]. Sec. 411.144. REGULATION OF DNA LABORATORIES. (a) The director by rule shall establish procedures for a DNA laboratory or criminal justice [or law enforcement] agency in the collection, preservation, shipment, analysis, and use of a DNA sample [blood sample or other specimen] for forensic DNA analysis in a manner that permits the exchange of DNA evidence between DNA laboratories and the use of the evidence in a criminal case. (b) A DNA laboratory or criminal justice [or law enforcement] agency shall follow the procedures: (1) established by the director under this section; and (2) specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software. (c) The director may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of any DNA laboratory that: (1) provides DNA records [or DNA forensic analyses] to the director [department] under this subchapter; or (2) conducts forensic analysis. (d) A DNA laboratory conducting a forensic DNA analysis under this subchapter shall: (1) forward the DNA record of the analysis to the director at the department's crime laboratory or another location as required by the director [department]; and (2) comply with this subchapter and rules adopted under this subchapter. (e) [If a DNA laboratory violates this subchapter or a rule adopted under this subchapter, the director may prohibit the laboratory from exchanging DNA records with another DNA laboratory or criminal justice or law enforcement agency. A DNA laboratory prohibited from exchanging DNA records under this subsection may petition the director for a hearing to show cause why the laboratory's authority to exchange DNA records should be reinstated. [(f)] The director is the Texas liaison for DNA data, records, evidence, and other related matters between: (1) the FBI; and (2) a DNA laboratory or a criminal justice [or law enforcement] agency. (f) [(g)] The director may: (1) conduct DNA analyses; or (2) contract with a laboratory, state agency, private entity, or institution of higher education for services to perform DNA analyses for the director [department. [(h) The institutional division may: [(1) collect a blood sample or other specimen for forensic DNA analysis; or [(2) contract with a laboratory, state agency, private entity, or institution of higher education for services to collect a sample or other specimen under this subchapter]. Sec. 411.145. FEES. (a) The director may collect a reasonable fee under this subchapter for: (1) [for] the DNA analysis of a DNA sample [blood sample or other specimen] submitted voluntarily to the director [department]; or (2) [for] providing population statistics data or other appropriate research data. (b) If the director provides a copy of an audit or other report made under this subchapter, the director may charge $6 for the copy, in addition to any other cost permitted under Chapter 552, Government Code, or a rule adopted under that section. (c) A fee collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section and under Article 42.12, and Article 102.020(h), Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter and Section 411.0205. Sec. 411.146. DNA SAMPLES [BLOOD SAMPLES OR OTHER SPECIMENS]. (a) The director may not accept a DNA record or DNA sample collected [blood sample or other specimen taken] from an individual [a person] who at the time of collection is alive, unless the director reasonably believes the sample was: (1) [is not deceased that is] submitted voluntarily or as required by this subchapter; and (2) a blood sample [Section 411.148 or 411.150 unless the sample or specimen is] collected in a medically approved manner by: (A) [(1)] a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or (B) an individual [(2) another person] who is trained to properly collect blood samples under this subchapter; or (3) a specimen other than a blood sample collected in a manner approved by the director in rule adopted under this section by an individual who is trained to properly collect the specimen under this subchapter. (b) [or other specimens and supervised by a licensed physician. [(b) A person collecting a blood sample or other specimen under this section may not be held liable in any civil or criminal action if the person collects the sample or specimen in a reasonable manner according to generally accepted medical or other professional practices. [(c)] The director may [shall] provide at no cost to a person described by Subsection (a) the collection kits, [specimen vials, mailing tubes and] labels, report forms, [and] instructions, and training for collection of DNA samples [blood samples or other specimens] under this section. (c)(1) The director shall adopt rules regarding the collection, preservation, shipment, and analysis of a DNA sample under this subchapter, including the type of sample or specimen taken. (2) A criminal justice agency permitted or required to collect a DNA sample for forensic DNA analysis under this subchapter: (A) may collect the sample or contract with a phlebotomist, laboratory, state agency, private entity, or institution of higher education for services to collect the sample at the time determined by the agency; and (B) shall: (i) preserve each sample collected until it is forwarded to the director under Subsection (d); and (ii) maintain a record of the collection of the sample. (d) A criminal justice agency that [person who] collects a DNA sample [blood sample or other specimen] under this section shall send the sample [or specimen] to: (1) the director at the department's crime laboratory; or (2) another location as required by the director by rule. (e) A DNA laboratory may analyze a DNA sample [blood sample] collected under this section [or other DNA specimen] only: (1) to type the genetic markers contained in the sample [or specimen]; (2) for criminal justice or [and] law enforcement purposes; or (3) for other purposes described by this subchapter. (f) If possible, a second DNA sample [specimen] must be collected [obtained] from an individual [a suspect] in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the investigation, prosecution, or defense of a case. Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The director by rule shall establish procedures: (1) to prevent unauthorized access to a [the] DNA database; and (2) to release from a DNA database a DNA sample, analysis, record, or other information maintained under this subchapter [DNA records, specimens, or analyses from the DNA database]. (b) The director may adopt rules relating to the internal disclosure, access, or use of a sample[, specimen,] or DNA record in [the department or] a DNA laboratory. (c) The director [department] may release a DNA sample, analysis, or record only: (1) to a criminal justice agency for criminal justice or law enforcement identification purposes; (2) for a judicial proceeding, if otherwise admissible under law; (3) for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 39.14, Code of Criminal Procedure, or other court order; (4) for another purpose: (A) described in Section 411.143; or (B) required under federal law as a condition for obtaining federal funding[; or [(4) if personally identifiable information is removed, for: [(A) a population statistics database; [(B) identification research and protocol development; or [(C) quality control]. (d) The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person. (e) A criminal justice [law enforcement] agency may have access to a DNA sample for a law enforcement purpose [specimens] through: (1) the agency's laboratory; or (2) a laboratory used by the agency [for law enforcement purposes]. (f) The director shall maintain a record of requests made under this section[. [Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR CONVICTED OF CERTAIN FELONIES. (a) This section applies to a defendant who is: [(1) indicted or waives indictment for a felony prohibited or punishable under any of the following Penal Code sections: [(A) Section 20.04(a)(4); [(B) Section 21.11; [(C) Section 22.011; [(D) Section 22.021; [(E) Section 25.02; [(F) Section 30.02(d); [(G) Section 43.05; [(H) Section 43.25; or [(I) Section 43.26; [(2) arrested for a felony described by Subdivision (1) after having been previously convicted of or placed on deferred adjudication for an offense described by Subdivision (1) or an offense punishable under Section 30.02(c)(2), Penal Code; or [(3) convicted of an offense under Section 21.07 or 21.08, Penal Code. [(b) After a defendant described by Subsection (a)(1) is indicted or waives indictment, the court in which the case is pending shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record. A law enforcement agency arresting a defendant described by Subsection (a)(2), immediately after fingerprinting the defendant and at the same location as the fingerprinting occurs, shall require the defendant to provide one or more specimens for the purpose of creating a DNA record. After a defendant described by Subsection (a)(3) is convicted or placed on deferred adjudication, the court shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record. [(c) A defendant described by Subsection (a)(1) or (3) may at any time voluntarily provide a specimen for the purposes described by Subsection (b). [(d) The director by rule shall require law enforcement agencies taking a specimen under this section to preserve the specimen and maintain a record of the collection of the specimen. A law enforcement agency taking a specimen under this section may use any method to take the specimen approved by the director in the rule adopted under this subsection. The rule adopted by the director must prohibit a law enforcement agency from taking a blood sample for the purpose of creating a DNA record under this section. The agency may either send the specimen to the director or send to the director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director. [(e) Notwithstanding Subsection (d), on acquittal of a defendant described by Subsection (a)(1) or (2) or dismissal of the case against the defendant, the court shall order the law enforcement agency taking the specimen to immediately destroy the record of the collection of the specimen and require the department to destroy the specimen and the record of its receipt. [(f) A defendant who provides a specimen under this section is not required to provide a specimen under Section 411.1472 or provide a sample or specimen under Section 411.148 or 411.150 unless an attorney representing the state in the prosecution of felony offenses establishes to the satisfaction of the director that the interests of justice or public safety require that the defendant provide additional samples or specimens. [Sec. 411.1472. DNA RECORDS OF PERSONS PLACED ON COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) This section applies to a defendant placed on community supervision, including deferred adjudication community supervision, for an offense listed in Section 411.1471(a)(1). [(b) A court that grants deferred adjudication or places a defendant on community supervision shall at the time of entering the order or making the placement require the defendant to report to a law enforcement agency to provide one or more specimens for the purpose of creating a DNA record. [(c) The director by rule shall require law enforcement agencies taking a specimen under this section to preserve the specimen and maintain a record of the collection of the specimen. A law enforcement agency taking a specimen under this section may use any method to take the specimen approved by the director in the rule adopted under this subsection. The rule adopted by the director must prohibit a law enforcement agency from taking a blood sample for the purpose of creating a DNA record under this section. The agency may either send the specimen to the director or send to the director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director. [(d) A defendant who provides a specimen under this section is not required to provide a sample or specimen under Section 411.148 or 411.150 unless an attorney representing the state in the prosecution of felony offenses establishes to the satisfaction of the director that the interests of justice or public safety require that the defendant provide an additional sample or specimen]. Sec. 411.148. MANDATORY DNA RECORD. (a) This section applies to: (1) a suspect, defendant, or convict who is: (A) arrested for a felony; (B) ordered by a magistrate or court to provide a sample under Section 411.150 or 411.154 or other law; (C) confined in a penal institution operated by or under contract with the Texas Department of Criminal Justice; or (D) under the parole supervision of the Texas Department of Criminal Justice; or (2) a juvenile who is: (A) confined in a facility operated by or under contract with the Texas Youth Commission after adjudication for conduct constituting a felony; or (B) under the parole supervision of the Texas Youth Commission after adjudication for conduct constituting a felony. (b) An individual described in Subsection (a) [DNA RECORDS OF CERTAIN INMATES. (a) An inmate of the institutional division or other penal institution] shall provide one or more DNA samples [blood samples or other specimen taken by or at the request of the institutional division] for the purpose of creating a DNA record. (c)(1) If a law enforcement agency arrests a suspect described by Subsection (a)(1)(A), the sheriff or other agency accepting custody shall collect one or more samples for the purpose of creating a DNA record. (2) A criminal justice agency shall collect a sample ordered by a magistrate or court in compliance with an order described in Subsection (a)(1)(B). (d) If an individual described in Subsection (a)(1)(C) is received into custody by the Texas Department of Criminal Justice, TDCJ [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), 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). [(b) The institutional division] shall collect [obtain] the sample [or specimen] from the individual [an inmate of the division] during the diagnostic process or at another time determined by TDCJ. (e) If an individual described in Subsection (a)(1)(D) is received into custody by the Texas Department of Criminal Justice, TDCJ shall collect the sample from the individual at a time determined by TDCJ. (f) If an individual described in Subsection (a)(2) is received into custody by the Texas Youth Commission, TYC shall collect the sample from the individual during the initial examination or at another time determined by TYC. (g)(1) An individual may [The institutional division shall obtain the sample or specimen from an inmate confined in another penal institution as soon as practicable if the Board of Pardons and Paroles informs the division that the inmate is likely to be paroled before being admitted to the division. The administrator of the other penal institution shall cooperate with the institutional division as necessary to allow the institutional division to perform its duties under this section. [(c) The institutional division shall: [(1) preserve each blood sample or other specimen collected; [(2) maintain a record of the collection of the sample or specimen; and [(3) send the sample or specimen to the director for scientific analysis under this subchapter. [(d) An inmate may not] be held past a statutory release date if the individual [inmate] fails or refuses to provide a DNA sample [blood sample or other specimen] under this section and until the individual provides a sample determined to be adequate by the director. A penal institution may take other lawful administrative action against the individual [inmate]. (2) The Texas Department of Criminal Justice and Texas Youth Commission [(e) The institutional division] shall notify the director that an individual [inmate] described by Subsection (a) is to be released from custody or supervision [the institutional division] not earlier than the 120th day before the individual's [inmate's] release date and not later than the 90th day before the individual's [inmate's] release date. TDCJ and TYC shall determine the form of the notification described in this subdivision in consultation with the director. (3)[(f)] A medical staff employee of a criminal justice agency [the institutional division] may collect [obtain] a voluntary sample [or specimen] from an individual at any time [inmate]. (4) An employee of a criminal justice agency [(g) An employee of the institutional division] may use force against an individual [inmate] required to provide a DNA sample under this section when and to the degree the employee reasonably believes the force is immediately necessary to collect [obtain] the sample. (h)(1) The Texas Department of Criminal Justice shall cause to be collected a sample from an individual as soon as practicable if: (A) the individual described in Subsection (a)(1)(D) is confined in another penal institution after sentence and before admission to TDCJ; and (B) the parole division informs the institutional division that the individual is likely to be paroled before being admitted to the division. (2) The administrator of the other penal institution shall cooperate with TDCJ as necessary to allow TDCJ to perform its duties under this subsection. (3) The Texas Youth Commission shall cause to be collected a sample from an individual as soon as practicable if: (A) the individual described in Subsection (a)(2) is detained in another juvenile detention facility after adjudication and before admission to TYC; and (B) TYC determines the individual is likely to be released before being admitted to TYC. (4) The administrator of the other juvenile detention facility shall cooperate with TYC as necessary to allow TYC to perform its duties under this subsection. (i)(1) When a criminal justice agency of this state agrees to accept custody or supervision of an individual from another state or jurisdiction under an interstate compact or a reciprocal agreement with a local, county, state or federal agency, whether or not the individual is confined or released, the acceptance is conditional on the individual providing a DNA sample under this subchapter if the individual was convicted of: (A) an offense in the other jurisdiction which involves the same conduct as an offense described in Subsection (a); or (B) an equivalent offense in any other jurisdiction. (2) The individual shall provide the DNA sample as determined by the custodial or supervising entity. (j) The detention, arrest, or conviction of a person based upon a database match or database information is not invalid, unlawful, or inadmissible based solely on mistaken or other erroneous collection, storage, or retention of the sample or record unless the error was an intentional or knowing act [or specimen. [(h) The Texas Department of Criminal Justice may contract with an individual or entity for the provision of phlebotomy services under this section]. Section 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. Sec. 411.149. VOLUNTARY DNA RECORD. An individual, including an individual required to provide a DNA sample under this subchapter [SUBMISSION OF BLOOD SAMPLES. A person] may at any time voluntarily provide or cause to be provided to a criminal justice agency a sample to be forwarded [submit a blood sample or other specimen] to the director [department] for the purpose of creating a DNA record under this subchapter. Sec. 411.150. COURT ORDERED DNA RECORDS. (a) A magistrate or court may order a suspect or defendant to provide one or more DNA samples to a criminal justice agency for the purpose of creating a DNA record if the individual is: (1) the target of an evidentiary search warrant seeking the sample under Article 18.02(10), Code of Criminal Procedure, for any offense; or (2) convicted of or placed on community supervision or deferred adjudication for any offense. (b) A magistrate or court may order a suspect or defendant to provide one or more samples to a criminal justice agency for the purpose of creating a DNA record if the individual is released on any form of bail or bond after arrest for a felony offense. (c) A court shall order a defendant to provide one or more samples to a criminal justice agency for the purpose of creating a DNA record if the individual is indicted or waives indictment for a felony offense. (d) A court shall order a defendant to provide one or more samples to a criminal justice agency for the purpose of creating a DNA record if the individual is placed on community supervision or deferred adjudication for a felony offense. (e) A magistrate or court: (1) should order a sheriff, deputy sheriff, or other peace officer or employee representing a local law enforcement or community supervision agency to collect or cause to be collected one or more samples from an individual as required or permitted under this section; and (2) shall order the sample to be forwarded to the director. (f) An employee of a criminal justice agency may collect a sample from an individual under this section if the employee complies with each rule adopted by the director under this subchapter, including collecting, preserving, maintaining a record of the collection, and forwarding the sample to the director. This subsection does not authorize an otherwise unqualified person to collect a blood sample [OF CERTAIN JUVENILES. (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), 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). [(b) The department, in conjunction with the Texas Youth Commission, shall adopt rules regarding the collection, preservation, and shipment of a blood sample or other specimen of a juvenile described by this section. [(c) The Texas Youth Commission shall: [(1) obtain blood samples or other specimens from juveniles under this section; [(2) preserve each sample or other specimen collected; [(3) maintain a record of the collection of the sample or specimen; and [(4) send the sample or specimen to the director for scientific analysis under this subchapter. [(d) A medical staff employee of the Texas Youth Commission may obtain a voluntary sample or specimen from any juvenile. [(e) An employee of the Texas Youth Commission may use force against a juvenile required to provide a sample under this section when and to the degree the employee reasonably believes the force is immediately necessary to obtain the sample or specimen. [(f) The Texas Youth Commission may contract with an individual or entity for the provision of phlebotomy services under this section]. Sec. 411.151. EXPUNCTION OR REMOVAL OF DNA RECORDS. (a) The director shall expunge a DNA record of an individual from a [person from the] DNA database on the grounds that the conviction or adjudication on which the authority for including that individual's DNA record was based: (1) has been reversed and the case dismissed; or (2) was the subject of a pardon expressly based on subsequent proof of innocence. (b) Except as provided by Subsection (c), the director shall expunge all DNA records and identifiable information in the database related to the individual and destroy the DNA sample from the individual if the director receives from the individual [if the person]: (1) a written request for expunction; (2) [notifies the director in writing that the DNA record has been ordered to be expunged under this section or Chapter 55, Code of Criminal Procedure, and provides the director with a certified copy of the court order that expunges the DNA record; or [(2) provides the director with] a certified copy of the final [a] court order reversing and dismissing the conviction or delinquency adjudication or a certified copy of a pardon expressly based on subsequent proof of innocence; and (3) any other information necessary to ascertain the validity of the request. (c)(1) After receiving a valid request for expunction, the director may retain the DNA record as an anonymous DNA profile. (2) This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter. (3) This section does not require the director to destroy an item of physical evidence obtained from a sample under this section. (4) The director may by rule permit administrative removal of a record, sample, or other information erroneously included in a database. (d) Except as provided by Subsection (e), Chapter 55, Code of Criminal Procedure, and [issued under] Section 58.003, Family Code, do not apply to a record maintained under this subchapter. (e) [If the underlying investigation resulted in an arrest but not a conviction, regular or deferred community supervision, or other form of probation,] Chapter 55, Code of Criminal Procedure, and Section 58.003, Family Code, apply to a record maintained under this subchapter if: (1) the underlying investigation resulted in an arrest; and (2) no conviction, regular or deferred community supervision, or other form of probation arose out of the same criminal episode described in Subdivision (1) [that seals the juvenile record of the adjudication that resulted in the DNA record. [(b) A person may petition for the expunction of a DNA record under the procedures established under Article 55.02, Code of Criminal Procedure, if the person is entitled to the expunction of records relating to the offense to which the DNA record is related under Article 55.01, Code of Criminal Procedure]. Sec. 411.152. RULES. (a) The director may adopt rules necessary to administer or enforce this subchapter, including a rule expressly required or permitted under this subchapter. (b) The director by rule may release or permit access to information to confirm or deny whether an individual has a pre-existing record under this subchapter. After receiving a request on an individual whose DNA record has been expunged or removed under Section 411.151, the director shall deny the pre-existing record. (c) The director by rule may exempt: (1) a non-CODIS laboratory, procedure, or other matter from a CODIS requirement; (2) a laboratory conducting non-human forensic DNA analysis from a rule adopted under this subchapter; and (3) certain categories of individuals from a requirement to provide an additional sample after a DNA record exists for the individual. (d) The director by rule may permit an attorney representing the state in the prosecution of felony offenses to establish to the satisfaction of the director that the interests of justice or public safety require that the individual provide an additional sample. (e)(1) The director by rule may exempt one or more categories of felony offenses from the provisions of this subchapter. (2) The executive director of the Texas Department of Criminal Justice by rule may exempt one or more categories of felony offenses from the provisions of Section 411.148. (3) The executive director of the Texas Youth Commission by rule may exempt one or more categories of adjudications for a felony offense from the provisions of Section 411.148. (f)(1) An exemption under Subsection (e) must contain a statement from the relevant director that the director's entity has not received sufficient funds under a grant or appropriation to collect, store, or analyze a sample from each exempted individual. (2) A director contemplating an exemption under Subsection (e)(2) and (3) shall give priority to collecting samples from an individual confined, adjudicated, or under supervision for conduct constituting: (A) an offense: (i) under Section 19.02, Penal Code (murder), Section 19.03, Penal Code (capital murder), or Section 22.02, Penal Code (aggravated assault); (ii) under Section 30.02, Penal Code (burglary), if the offense is punishable under Subsection (c)(2) or (d) of that section; or (iii) for which the individual is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; (B) an attempt, conspiracy, or solicitation of an offense described in Paragraph (A); or (C) any offense if the individual has previously been convicted of or adjudicated as having engaged in: (i) an offense described in Paragraph (A); (ii) an attempt, conspiracy, or solicitation of an offense described in Paragraph (A); or (iii) an offense under federal law or laws of another state that involves the same conduct as an offense described by Paragraph (A) or (B). (g) The director by rule may determine whether a blood sample or other specimen complies with a collection provision of this subchapter. Sec. 411.153. CONFIDENTIALITY OF DNA RECORDS. (a) A DNA record stored in the DNA database is confidential and is not subject to disclosure under the public information [open records] law, Chapter 552. (b) A person commits an offense if the person knowingly discloses information in a DNA record or information related to a DNA analysis of a sample collected under this subchapter [blood specimen taken under Section 411.148 or 411.150 except as authorized by this chapter]. (c) An offense under this section [subsection] is a state jail felony. (d) [(c)] A violation under this section constitutes official misconduct. (e) It is an affirmative defense to prosecution under this section that the actor reasonably believed the actor's conduct was authorized by this subchapter or a rule adopted under this subchapter [Sec. 411.1531. SEGREGATION OF RECORDS. The director by rule shall segregate DNA records created under Sections 411.1471 and 411.1472 from records created under other provisions of this chapter, except that if a DNA record of an individual would otherwise be required to be created under Section 411.148 or 411.150, a record previously created for the individual under Section 411.1471 or 411.1472 fulfills that requirement and may be stored with records for other individuals created under Section 411.148 or 411.150. [Sec. 411.1532. CONFIDENTIALITY OF PRECONFINEMENT DNA RECORDS. (a) A DNA record created under Section 411.1471 or 411.1472 is confidential and is not subject to disclosure under the open records law, Chapter 552. [(b) A person commits an offense if the person knowingly discloses information in a DNA record or information related to a DNA analysis of a specimen taken under Section 411.1471 or 411.1472 except as authorized by this chapter. An offense under this subsection is a felony of the third degree. [(c) A violation under this section constitutes official misconduct]. Sec. 411.154. ENFORCEMENT BY COURT ORDER. (a) On the request of the director, a district or county attorney or the attorney general may petition a district court for an order requiring a person to: (1) comply with this subchapter or a rule adopted under this subchapter; or (2) refrain from acting in violation of this subchapter or a rule adopted under this subchapter. (b) The court may issue an order requiring a person: (1) to act in compliance with this subchapter or a rule adopted under this subchapter; (2) to refrain from acting in violation of this subchapter or a rule adopted under this subchapter; (3) to provide a DNA sample [give a blood sample or other specimen]; or (4) if the person has already provided a DNA sample [given a blood sample or other specimen], to provide [give] another sample if good cause is shown. (c) An order issued under this section is appealable as a criminal matter and if appealed is to be reviewed under an abuse of discretion standard. Sec. 411.155. ADMISSIBILITY AS EVIDENCE. (a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid and was properly applied. (b) The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence. Sec. 411.156. OFFENSE: REFUSAL TO PROVIDE SAMPLE. (a) A person commits an offense if the person knowingly fails or refuses to provide a DNA sample and the person: (1) is required to provide a sample under this subchapter; and (2) receives notification of the requirement to provide the sample. (b) Except as provided by Subsection (c) an offense under this section is a felony of the third degree. (c) An offense under this section is a state jail felony if the defendant proves by a preponderance of the evidence that a specimen was provided or taken within 24 hours of the notification described in Subsection (a)(2). (d) It is no defense to prosecution under this section that a sample was taken by force after initial refusal. Sec. 411.157. LIABILITY. (a) This section applies to a person: (1) ordering, collecting with or without force, preserving, possessing, transmitting, receiving, analyzing, releasing, disclosing, using, or maintaining a DNA sample or record under this subchapter; or (2) administering this subchapter. (b) A person described in Subsection (a) is immune from civil liability for any act or omission resulting in death, damage, or injury if the person: (1) reasonably believes the person's act or omission was in substantial compliance with this subchapter or a rule adopted under this subchapter; and (2) collects the sample in a reasonable manner according to generally accepted medical or other professional practices; or (3) acts in the course of duties under this subchapter or a rule adopted under this subchapter. SECTION 4. Article 17.47, Code of Criminal Procedure, is amended to read as follows: Art. 17.47. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. A magistrate may [shall] require as a condition of release of a defendant [described by Section 411.1471(a), Government Code,] that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. SECTION 5. Article 38.39, Code of Criminal Procedure, as added by Acts 77th Leg., Regular Session, Ch. 2, Section 1, is renumbered as Article 38.43, Code of Criminal Procedure, and amended by amending Subsection (d) to read as follows: (d)(1) A law enforcement agency or crime laboratory may destroy evidence in its possession if the entity reasonably believes the evidence: (A) does not contain biological material likely to establish or exclude identity as described in Subsection (b)(2); (B) is not relevant to a pending criminal or civil action, including a direct appeal; or [and] (C) is not subject to a court order prohibiting destruction. (2) The attorney representing the state, clerk, or other officer in possession of evidence described by Subsection (b)(2) may destroy the evidence, but only if the attorney, clerk, or officer by mail notifies the defendant, the last attorney of record for the defendant, and the convicting court of the decision to destroy the evidence and a written objection is not received by the attorney, clerk, or officer from the defendant, attorney of record, or court before the 91st day after the later of the following dates: (A) [(1)] the date on which the attorney representing the state, clerk, or other officer receives proof that the defendant received notice of the planned destruction of evidence; or (B) [(2)] the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant. SECTION 6. Section 11, Article 42.12, Code of Criminal Procedure, is amended by amending Subdivision (19) to read as follows: (19) Reimburse a law enforcement agency, prosecutor, or crime laboratory for the costs of confiscation, analysis, storage, or disposal of evidence, including physical evidence, raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense; SECTION 7. Article 102.020, Code of Criminal Procedure, is amended by amending Subsections (a) and (h) to read as follows: (a) A person shall pay $100 [$250] as a court cost on conviction of or adjudication for an offense described in Section 411.148 [listed in Section 411.1471(a)(1)], Government Code[, and $50 as a court cost on conviction of an offense listed in Section 411.1471(a)(3) of that code]. (h) The comptroller shall deposit [35 percent of] the funds received under this article in the state treasury to the credit of the state highway fund [and 65 percent of the funds received under this article to the credit of the criminal justice planning account in the general revenue fund]. SECTION 8. Article 12.01, Code of Criminal Procedure, is amended to read as follows: (a) Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: (1) no limitation: (A) murder, capital murder, [and] manslaughter, or other offense if the offense resulted in the death of an individual; (B) sexual assault or other offense, if during the investigation of the offense: (i) biological matter is collected and subjected to forensic DNA testing; and (ii) the testing results show that the matter does not match the victim or any other individual [person] whose identity is readily ascertained; or (C) an offense punishable as a first degree felony or by confinement in the institutional division for life [an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person]; (2) ten years from the 18th birthday of the victim of the offense: (A) indecency with a child under Section 21.11(a), Penal Code; or (B) sexual assault of a child under Section 22.011(a)(2), Penal Code; (3) ten years from the date of the commission of the offense: (A) theft of any real, personal, or mixed estate[, real, personal or mixed,] by an executor, administrator, guardian, [or] trustee, or other fiduciary, with intent to defraud another who is [any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust] interested in the [such] estate; (B) theft by a public servant of government property over which the public servant [he] exercises control in the public servant's [his] official capacity; (C) forgery, tampering with a governmental record, or other offense that involves destroying, concealing, altering, [the] uttering, using, possessing or passing of a document or record [forged instruments]; (D) an offense subject to enhanced punishment under Section 12.47 [injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04], Penal Code, because of bias or prejudice; (E) sexual assault;[, except as provided by Subdivision (1) or (5); or] (F) arson; (G) [(3) seven years from the date of the commission of the offense: [(A)] misapplication of fiduciary property or property of a financial institution; (H) [(B)] securing execution of document by deception; or (I) an offense described in Subdivisions [(C) a violation under Sections] 153.403(22)-(39), Tax Code; or (4) five years from the date of the commission of the offense: [(A) theft, burglary, robbery; [(B) kidnapping; [(C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; or [(D) abandoning or endangering a child; [(5) ten years from the 18th birthday of the victim of the offense: [(A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or [(B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or [(6) three years from the date of the commission of the offense:] all other felonies. (b) If Subsection (a) provides more than one limitation period for the same offense, the longest period of limitation shall apply. SECTION 9. The following sections are repealed: (1) Section 411.0206, Government Code; (2) Subsection (f), Section 481.160, Health and Safety Code; and (3) Subsection (e), Article 102.056, Code of Criminal Procedure. SECTION 10. This Act takes effect September 1, 2005. SECTION 11. (a) The change in law made by this Act applies to: (1) evidence tested or offered into evidence on or after the effective date of this Act; and (2) an individual who, on or after the effective date of this Act: (A) is arrested for a felony as described in Section 411.148(a)(1)(A), Government Code, as amended by this Act; (B) is confined in a penal institution operated by or under contract with the Texas Department of Criminal Justice as described in Section 411.148(a)(1)(C), Government Code, as amended by this Act; (C) is under the parole supervision of the Texas Department of Criminal Justice as described in Section 411.148(a)(1)(D), Government Code, as amended by this Act; (D) is confined in a facility operated by or under contract with the Texas Youth Commission or on parole supervision after adjudication for conduct constituting a felony as described in Section 411.148(a)(2), Government Code, as amended by this Act; (E) voluntarily submits or causes to be submitted a DNA sample as described in Section 411.149, Government Code, as amended by this Act; (F) is ordered by a magistrate or court to provide a DNA sample if the individual is the target of an evidentiary search warrant under Article 18.02(10), Code of Criminal Procedure, for any offense as described in Section 411.150(a)(1), Government Code, as amended by this Act; (G) is ordered by a magistrate or court to provide a DNA sample if the individual is convicted of or placed on community supervision or deferred adjudication for any offense as described in Section 411.150(a)(2), Government Code, as amended by this Act; (H) is ordered by a magistrate or court to provide a specimen other than a blood sample if the individual is released on any form of bail or bond after arrest for a felony offense as described in Section 411.150(b), Government Code, as amended by this Act; (I) is ordered by a court to provide a specimen other than a blood sample if the individual is indicted or waives indictment for a felony as described in Section 411.150(c), Government Code, as amended by this Act; or (J) is ordered by a court to provide a DNA sample if the individual is placed on community supervision or deferred adjudication for a felony offense as described in Section 411.150(d), Government Code, as amended by this Act. (b) As required by Section 411.148, Government Code, as amended by this Act, the Texas Department of Criminal Justice shall collect a DNA sample from an inmate serving a sentence for a felony from whom a DNA sample was not required before the effective date of this Act. The department shall collect the sample during the diagnostic process or at any other reasonable time determined by the department. (c) As required by Section 411.148, Government Code, as amended by this Act, the Texas Youth Commission shall collect a DNA sample from a juvenile committed to the commission of a felony from whom a DNA sample was not required before the effective date of this Act or from a juvenile previously committed to the commission of a felony. The commission shall collect the sample during the initial examination or at any other reasonable time determined by the commission. [(d) Previous law continued in effect . . .]