HBA-EDN S.B. 638 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 638
By: Barrientos
Criminal Jurisprudence
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

The Combined DNA Index System (CODIS) maintains DNA profiles sent in from
local, state, and national law enforcement agencies.  Since its
introduction, DNA evidence has become a reliable forensic technique for
identifying perpetrators and eliminating suspects when biological evidence
is left at a crime scene. Under current law, DNA is collected from
individuals convicted of sexual assault, murder, aggravated assault, and
burglary of a habitation.  Senate Bill 638 expands the Texas CODIS database
to include the collection of DNA specimens for persons arrested, charged
with, or convicted of certain felonies, including sexual offenses that are
not currently included in DNA collection requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the public safety director in SECTION 2
(Sections 411.1471 and 411.1472, Government Code), SECTION 4 (Section
411.1531, Government Code), and SECTION 8 of this bill. 

ANALYSIS

Senate Bill 638 amends the Government Code and Code of Criminal Procedure
to establish provisions regarding the DNA testing of persons charged with
or convicted of certain felonies.  The bill amends the Government Code to
require a defendant indicted for or waiving indictment for certain
felonies, a defendant convicted of public lewdness or indecent exposure, a
defendant arrested on or after February 1, 2002, for certain felonies after
having been previously convicted of or placed on deferred adjudication for
certain felonies, and a defendant granted deferred adjudication or placed
on community supervision for certain offenses on or after February 1, 2002,
to provide one or more specimens for the purpose of creating a DNA record
(Secs. 411.1471, 411.1472, and SECTION 9).   
The bill requires the public safety director (director) by rule to require
law enforcement agencies taking a specimen to preserve the specimen and to
maintain a record of the collection of the specimen.  The bill authorizes a
law enforcement agency to use any method to take the specimen approved by
the director. The bill specifies that the rule adopted by the director for
taking a specimen must prohibit a law enforcement agency from taking a
blood sample for the purpose of creating a DNA record.   The bill also
authorizes a law enforcement agency to 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 (Secs.
411.1471 and 411.1472).  The director is required to adopt these rules by
January 1, 2002 (SECTION 8). 

On acquittal of a defendant who is indicted for or who waives indictment
for certain felonies, is arrested for certain felonies after having been
previously convicted of or placed on deferred adjudication for certain
felonies, or on dismissal of the case against the defendant, the bill
requires the court to order the law enforcement agency taking the specimen
to immediately destroy the record of the collection of the specimen and to
require the department to destroy the specimen and the record of its
receipt (Sec. 411.1471).  The bill also sets forth provisions regarding
additional DNA testing of a defendant and the voluntary provision of a
specimen by a defendant (Secs. 411.1471 and 411.1472).  The bill sets forth
provisions regarding the segregation of DNA records from other records and
requires the director, by rule, to segregate such DNA  records (Sec.
411.1531). 

The bill specifies that a person commits an offense if the person knowingly
discloses information related to the DNA analysis of a blood specimen of
certain inmates and juveniles (Sec. 411.153).  The bill sets forth
provisions regarding preconfinement DNA records and creates an offense
relating to the disclosure of these records (Sec. 411.1532 and SECTION 10). 

S.B. 638 amends the Code of Criminal Procedure to require a person
convicted of an offense requiring DNA testing to pay $250 as a court cost
on conviction, except a person convicted of public lewdness or indecent
exposure is required to pay a $50 court cost.  The bill establishes
procedures for the collection of the court costs, dispersion of the funds
received from the court costs, and an audit of these funds.  The bill
requires the comptroller of public accounts to deposit 35 percent of the
funds received to the credit of the state highway fund and 65 percent of
the funds to the criminal justice planning account (Arts. 102.020 and
102.056).  The bill also sets forth provisions regarding conditions
requiring submission of a specimen (Art. 17.47 and SECTION 9). 

EFFECTIVE DATE

September 1, 2001.