HBA-DMD H.B. 1899 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1899
By: McCall
Public Safety
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

The 74th Texas Legislature created the CODIS DNA database for sex offenders
in order to help solve crimes that normally would have gone unsolved. Other
states have had success by including offenders in addition to those who
already are required to submit blood and specimen samples. H.B. 1899
includes burglary, punishable as a second degree felony if committed in a
habitation, as an offense which requires an inmate or juvenile of the
institutional division, other penal institution, or Texas Youth Commission
to provide one or more blood samples or other specimens. 

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 include
burglary, punishable as a second degree felony if committed in a
habitation, as an offense which requires an inmate of the institutional
division or other penal institution to provide one or more blood samples or
other specimens. Deletes the provision that such an inmate is required to
provide the sample if the inmate committed burglary with the intent to
commit indecency with a child, sexual assault, aggravated sexual assault,
or aggravated kidnapping. 

SECTION 2.  Amends Section 411.150(a), Government Code,  to include
burglary, punishable as a second degree felony if committed in a
habitation, as an offense which requires a juvenile who is committed to the
Texas Youth Commission to provide one or more blood samples or other
specimens. Deletes the provision that such an inmate is required to provide
the sample if the inmate committed burglary with the intent to commit
indecency with a child, sexual assault, aggravated sexual assault, or
aggravated kidnapping. 

SECTION 3.  Sets forth that the change in law made by this Act to Sections
411.148 and 411.150, Government Code, apply to inmates who on or after the
effective date of this Act are confined in the institutional division of
the Texas Department of Criminal Justice and to juveniles who on or after
the effective date of this Act are  committed to the Texas Youth
Commission, regardless of whether those inmates are confined for offenses
committed before, on, or after the effective date of this Act and whether
those juveniles are committed for delinquent conduct engaged in before, on,
or after the effective date of this Act.  

SECTION 4.Effective date: September 1, 1999. 

SECTION 5.Emergency clause.