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Amend CSHB 13 (Senate committee printing) by adding the
following appropriately numbered SECTION to the bill and
renumbering the subsequent SECTIONS accordingly:
SECTION ____. (a) Subdivision (3), Section 411.141,
Government Code, is amended to read as follows:
(3) "Criminal justice agency" means:
(A) a federal or state agency that is engaged in
the administration of criminal justice under a statute or executive
order and that allocates a substantial part of its annual budget to
the administration of criminal justice;
(B) a secure correctional facility as defined by
Section 1.07, Penal Code; or
(C) a community supervision and corrections
department, parole office, or a local juvenile probation department
or parole office [has the meaning assigned by Article 60.01, Code of
Criminal Procedure].
(b) Section 411.148, Government Code, as reenacted and
amended by Chapters 1224 and 1245, Acts of the 79th Legislature,
Regular Session, 2005, is reenacted and further amended to read as
follows:
Sec. 411.148. MANDATORY DNA RECORD. (a) This section
applies to[:
[(1)] an individual who is:
(1) [(A)] ordered by a magistrate or court to provide
a DNA sample under Section [411.150 or] 411.154 or other law; or
(2) convicted of a felony [(B) confined in a penal
institution operated by or under contract with the Texas Department
of Criminal Justice; or
[(2) a juvenile who is, after an adjudication for
conduct constituting a felony, confined in a facility operated by
or under contract with the Texas Youth Commission].
(b) This section does not apply to a juvenile who is ordered
by a juvenile court to provide a DNA sample under Section 411.150.
(c) An individual described by Subsection (a) shall provide
one or more DNA samples for the purpose of creating a DNA record.
(d) [(c)] A criminal justice agency shall collect a sample
ordered by a magistrate or court as provided by Subsection (a)(1) in
compliance with the order.
(e) During the diagnostic process or at another time
determined by the department, [(d) If an individual described by
Subsection (a)(1)(B) is received into custody by] the Texas
Department of Criminal Justice[, that department] shall collect the
sample from an [the] individual described by Subsection (a) who is
imprisoned in a penal institution operated by or under contract
with the department or who is under the supervision of the pardons
and paroles division of [during the diagnostic process or at
another time determined by] the Texas Department of Criminal
Justice. If an individual described by Subsection (a) is in the
custody or under the supervision of another criminal justice agency
such as a community supervision and corrections department, that
agency shall collect the sample from the individual at a time
determined by the agency.
[(e) If an individual described by Subsection (a)(2) is
received into custody by the Texas Youth Commission, the youth
commission shall collect the sample from the individual during the
initial examination or at another time determined by the youth
commission.]
(f) If an individual described by Subsection (a) is due to
be released from a penal institution operated by or under contract
with the Texas Department of Criminal Justice, the [The] Texas
Department of Criminal Justice shall notify the director of the
individual's release [that an individual described by Subsection
(a) is to be released from custody] not earlier than the 120th day
before the individual's release date and not later than the 90th day
before the individual's release date. [The Texas Youth Commission
shall notify the director that an individual described by
Subsection (a) is to be released from custody not earlier than the
10th day before the individual's release date.] The Texas
Department of Criminal Justice [and the Texas Youth Commission], in
consultation with the director, shall determine the form of the
notification described by this subsection.
(g) A medical staff employee of a criminal justice agency
may collect a voluntary sample from an individual at any time.
(h) An employee of a criminal justice agency may use force
against an individual 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 the sample.
(i) If [(1) The Texas Department of Criminal Justice as
soon as practicable shall cause a sample to be collected from an
individual described by Subsection (a)(1)(B) if:
[(A) the individual is confined in another penal
institution after sentencing and before admission to the
department; and
[(B) the department determines that the
individual is likely to be released before being admitted to the
department.
[(2) The administrator of the other penal institution
shall cooperate with the Texas Department of Criminal Justice as
necessary to allow the Texas Department of Criminal Justice to
perform its duties under this subsection.
[(j)(1) The Texas Youth Commission as soon as practicable
shall cause a sample to be collected from an individual described by
Subsection (a)(2) if:
[(A) the individual is detained in another
juvenile detention facility after adjudication and before
admission to the youth commission; and
[(B) the youth commission determines the
individual is likely to be released before being admitted to the
youth commission.
[(2) The administrator of the other juvenile detention
facility shall cooperate with the Texas Youth Commission as
necessary to allow the youth commission to perform its duties under
this subsection.
[(k) 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, the
acceptance is conditional on the individual providing a DNA sample
under this subchapter if the individual was convicted of a felony.
(j) [(l)] If, in consultation with the director, it is
determined that an acceptable sample has already been received from
an individual, additional samples are not required unless requested
by the director.
(c) Section 411.150, Government Code, is amended to read as
follows:
Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A
juvenile to whom this section applies [who is committed to the Texas
Youth Commission] shall provide one or more DNA [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 sample [specimen] under other state law or if
the director makes a request for the sample as described by
Subsection (h). If the juvenile is committed to or under the
supervision of the commission, the Texas Youth Commission shall
collect the sample during the initial examination or at another
time determined by the commission. If the juvenile is in the
custody or under the supervision of another criminal justice agency
such as a local juvenile probation department, that agency shall
collect the sample from the juvenile at a time determined by the
agency [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) This section applies to a juvenile who is:
(1) adjudicated as having engaged in conduct
constituting the commission of a felony;
(2) committed to the Texas Youth Commission and
ordered by a juvenile court to give a DNA sample; or
(3) committed to the Texas Youth Commission for an
adjudication as having engaged in delinquent conduct that violates
a misdemeanor penal law if in this state, in another state, or under
federal law the juvenile has previously been convicted of or
adjudicated as having engaged in conduct constituting the
commission of a felony [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) A criminal justice agency shall collect a sample ordered
by a juvenile court as provided by Subsection (b)(2) in compliance
with the order [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 a criminal justice agency
[the Texas Youth Commission] may obtain a voluntary sample or
specimen from any juvenile.
(e) An employee of a criminal justice agency [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) If a juvenile to whom this section applies is due to be
released from a facility operated by or under contract with the
commission, the Texas Youth Commission shall notify the director of
the juvenile's release not earlier than the 10th day before the
juvenile's release date. The Texas Youth Commission, in
consultation with the director, shall determine the form of the
notification described by this subsection.
(g) If a criminal justice agency of this state agrees to
accept custody or supervision of a juvenile from another state or
jurisdiction under an interstate compact or a reciprocal agreement
with a local, county, state, or federal agency, the acceptance is
conditional on the juvenile providing a DNA sample under this
subchapter if the juvenile was adjudicated as having engaged in
conduct constituting the commission of a felony.
(h) If, in consultation with the director, it is determined
that an acceptable sample has already been received from a
juvenile, additional samples are not required unless requested by
the director [The Texas Youth Commission may contract with an
individual or entity for the provision of phlebotomy services under
this section].
(d) Section 11, Article 42.12, Code of Criminal Procedure,
is amended by adding Subsection (j) to read as follows:
(j) A judge granting community supervision to a defendant
convicted of a felony shall require that the defendant, as a
condition of community supervision, provide a DNA sample under
Subchapter G, Chapter 411, Government Code, for the purpose of
creating a DNA record of the defendant, unless the defendant has
already submitted the required sample under other state law.
(e) Chapter 54, Family Code, is amended by adding Section
54.0409 to read as follows:
Sec. 54.0409. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION.
If a court or jury makes a disposition under Section 54.04 in which
a child adjudicated as having engaged in conduct constituting the
commission of a felony is placed on probation, the court shall
require as a condition of probation that the child provide a DNA
sample under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the child, unless the child has
already submitted the required sample under other state law.
(f) Subchapter F, Chapter 508, Government Code, is amended
by adding Section 508.1861 to read as follows:
Sec. 508.1861. DNA SAMPLE REQUIRED ON FELONY CONVICTION. A
parole panel shall require as a condition of parole or mandatory
supervision that a releasee convicted of a felony provide a DNA
sample under Subchapter G, Chapter 411, for the purpose of creating
a DNA record of the releasee, unless the releasee has already
submitted the required sample under other state law.
(g) Subchapter F, Chapter 61, Human Resources Code, is
amended by adding Section 61.0814 to read as follows:
Sec. 61.0814. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION.
Before releasing a child adjudicated as having engaged in conduct
constituting the commission of a felony under supervision, the
commission shall require as a condition of release that the child
provide a DNA sample under Subchapter G, Chapter 411, Government
Code, for the purpose of creating a DNA record of the child, unless
the child has already submitted the required sample under other
state law.
(h) Except as provided by Subsection (i) of this section,
the change in law made by this section to Chapter 411, Government
Code, applies to an individual who:
(1) before September 1, 2007, was not otherwise
required by state law to provide a DNA sample; and
(2) is convicted of committing an offense or is
adjudicated as having engaged in conduct constituting the
commission of an offense on or after September 1, 2007.
(i) As required by Section 411.148, Government Code, as
amended by this section:
(1) the Texas Department of Criminal Justice shall
collect a DNA sample from each individual who was convicted of an
offense before September 1, 2007, from whom a DNA sample was not
required before September 1, 2007, and who on or after September 1,
2007, is:
(A) imprisoned in a penal institution operated by
or under contract with the Texas Department of Criminal Justice; or
(B) placed under the supervision of the pardons
and paroles division of the Texas Department of Criminal Justice;
and
(2) any other appropriate criminal justice agency
shall collect a DNA sample from an individual who was convicted of
an offense before September 1, 2007, from whom a DNA sample was not
required before September 1, 2007, and who on or after September 1,
2007, is in the custody or placed under the supervision of that
agency.
(j) As required by Section 411.150, Government Code, as
amended by this section:
(1) the Texas Youth Commission shall collect a DNA
sample from a juvenile who was adjudicated as having engaged in
conduct constituting the commission of an offense before September
1, 2007, from whom a DNA sample was not required before September 1,
2007, and who on or after September 1, 2007, is committed to or
placed under the supervision of the Texas Youth Commission; and
(2) any other appropriate criminal justice agency
shall collect a DNA sample from a juvenile who was adjudicated as
having engaged in conduct constituting the commission of an offense
before September 1, 2007, from whom a DNA sample was not required
before September 1, 2007, and who on or after September 1, 2007, is
in the custody or placed under the supervision of the agency.