HBA-DMD, KMH H.B. 1188 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1188
By: Gallego
Public Safety
8/2/1999
Enrolled



BACKGROUND AND PURPOSE 

The federal government recently activated a nationwide DNA database
containing information on convicted criminals.  In Texas and many other
states, DNA samples are largely collected from sexual offenders.  However,
unlike many other states, prior to the 76th Legislature Texas did not
collect samples from murder or aggravated assault offenders.  DNA
information on such offenders would have increased the resources available
to Texas and federal law enforcement in case of emergencies such as the
1998 Ellis Unit prison break.  H.B. 1188 allows the state to collect DNA
from persons serving a sentence for the offenses of murder, aggravated
assault, and certain burglaries. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.148(a), Government Code, to replace
indecency with a child, sexual assault, aggravated sexual assault,
aggravated kidnapping, and burglary, with murder, aggravated assault,
certain burglaries or any offense if the inmate has previously been
convicted of or adjudicated as having engaged in the before mentioned
offenses as offenses for which an inmate who is serving a sentence is
required to provide blood samples or other specimens for the purpose of
creating a DNA record of the inmate.  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Section 411.150(a), Government Code, to replace
indecency with a child, sexual assault, aggravated sexual assault,
aggravated kidnapping, and burglary, with murder, aggravated assault,
certain burglaries or any offense if the inmate has previously been
convicted of or adjudicated as having engaged in the before mentioned
offenses as offenses for which a juvenile committed to the Texas Youth
Commission is required to provide blood samples or other specimens for the
purpose of creating a DNA record of the juvenile.  Makes conforming and
nonsubstantive changes. 

SECTION 3.  Requires the institutional division (division) of the Texas
Department of Criminal Justice to collect the blood sample or other
specimen required to be provided under Section 411.148 (DNA Records of
Certain Inmates), Government Code, by an inmate serving a sentence for
murder, aggravated assault, burglary punishable under Section 30.02(c)(2),
Penal Code, or an offense for which registration as a sex offender is
required but for which the collection of a blood sample or other specimen
was not required before the effective date of this Act or from an inmate
having previously been convicted of one of those offenses. Requires the
division to collect the sample or specimen during the diagnostic process,
but only from an inmate who has not completed the diagnostic process before
February 1, 2000.  Requires the division to collect the sample or specimen
from an inmate who has completed the diagnostic process before February 1,
2000, no later than 90 days before the inmate's earliest parole eligibility
date, unless the inmate's earliest parole eligibility date is before May 1,
2000, in which event the division is required to collect the sample or
specimen as soon as possible after February 1, 2000. 

SECTION 4.  Effective date: September 1, 1999.

 SECTION 5.  Emergency clause.