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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of biometric identifiers of certain |
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persons receiving inpatient mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.042, Government Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) The bureau of identification and records shall procure |
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and file for record fingerprints and other pertinent information of |
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all persons committed to temporary or extended inpatient mental |
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health services under Chapter 574, Health and Safety Code. The |
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department shall adopt rules governing the retention of and access |
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to fingerprints recorded under this section. |
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SECTION 2. Section 411.142(g), Government Code, is amended |
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to read as follows: |
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(g) The DNA database may contain DNA records for the |
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following: |
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(1) an individual described by this subchapter, |
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including Section 411.1471, 411.148, or 411.154; |
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(2) a biological specimen of a deceased victim of a |
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crime; |
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(3) a biological specimen that is legally obtained in |
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the investigation of a crime, regardless of origin; |
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(4) results of testing ordered by a court under this |
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subchapter, Article 64.03, Code of Criminal Procedure, or other law |
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permitting or requiring the creation of a DNA record; |
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(5) an unidentified missing person, or unidentified |
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skeletal remains or body parts; |
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(6) a close biological relative of a person who has |
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been reported missing to a law enforcement agency; |
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(7) a person at risk of becoming lost, such as a child |
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or a person declared by a court to be mentally incapacitated, if the |
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record is required by court order or a parent, conservator, or |
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guardian of the person consents to the record; [or] |
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(8) a person who is: |
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(A) found to be manifestly dangerous in an order |
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committing the person to extended inpatient mental health services |
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under Section 574.036(f), Health and Safety Code; |
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(B) committed to a maximum security unit in |
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accordance with Article 46B.104, Code of Criminal Procedure; or |
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(C) the subject of an affirmative determination |
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under Article 46C.157, Code of Criminal Procedure; or |
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(9) an unidentified person, if the record does not |
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contain personal identifying information. |
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SECTION 3. Subchapter G, Chapter 411, Government Code, is |
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amended by adding Section 411.1474 to read as follows: |
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Sec. 411.1474. DNA RECORDS OF CERTAIN PERSONS COMMITTED TO |
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MENTAL HEALTH FACILITIES. (a) This section applies only to a |
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person who is: |
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(1) found manifestly dangerous in an order committing |
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the person to extended inpatient mental health services under |
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Section 574.036(f), Health and Safety Code; |
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(2) committed to a maximum security unit in accordance |
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with Article 46B.104, Code of Criminal Procedure; or |
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(3) the subject of an affirmative determination under |
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Article 46C.157, Code of Criminal Procedure. |
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(b) The department by rule shall require a person that has |
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the training and other resources necessary to efficiently and |
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properly take a DNA specimen to: |
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(1) take one or more specimens from a person described |
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by Subsection (a) for the purpose of creating a DNA record; and |
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(2) preserve the specimen and maintain a record of the |
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collection of the specimen. |
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SECTION 4. Section 574.036, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) In an order committing a person to a mental health |
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facility for extended inpatient mental health services, the judge |
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may include a finding that the person is manifestly dangerous. The |
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judge may include the finding only if the criterion specified by the |
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jury or judge under Section 574.035(c) is that the proposed patient |
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is likely to cause serious harm to others. |
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SECTION 5. Subchapter D, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.049 to read as follows: |
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Sec. 574.049. COLLECTION OF BIOMETRIC IDENTIFIERS OF |
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PATIENTS. (a) A person committed to a mental health facility for |
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temporary or extended inpatient mental health services shall |
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provide a complete set of legible fingerprints to the Bureau of |
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Identification and Records at the Department of Public Safety of |
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the State of Texas. |
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(b) A person shall provide one or more DNA samples for the |
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purpose of creating a DNA record in accordance with Section |
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411.1474, Government Code, if the person is: |
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(1) found manifestly dangerous in an order committing |
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the person to extended inpatient mental health services under |
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Section 574.036(f); |
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(2) committed to a maximum security unit in accordance |
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with Article 46B.104, Code of Criminal Procedure; or |
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(3) the subject of an affirmative determination under |
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Article 46C.157, Code of Criminal Procedure. |
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SECTION 6. (a) Section 411.042(k), Government Code, as |
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added by this Act, applies only to the fingerprints and pertinent |
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information of persons committed to temporary or extended inpatient |
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mental health services under Chapter 574, Health and Safety Code, |
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on or after the effective date of this Act. |
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(b) Section 411.1474, Government Code, and Section 574.049, |
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Health and Safety Code, as added by this Act, apply only to persons: |
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(1) committed to temporary or extended inpatient |
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mental health services under Chapter 574, Health and Safety Code, |
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on or after the effective date of this Act; |
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(2) found manifestly dangerous in an order committing |
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the person to extended inpatient mental health services under |
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Section 574.036(f), Health and Safety Code, as added by this Act, on |
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or after the effective date of this Act; |
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(3) committed to a maximum security unit in accordance |
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with Article 46B.104, Code of Criminal Procedure, on or after the |
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effective date of this Act; or |
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(4) subject to an affirmative determination made under |
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Article 46C.157, Code of Criminal Procedure, on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2009. |