HBA-DMD, KSM H.B. 3215 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3215 By: McCall Public Safety 7/27/1999 Enrolled BACKGROUND AND PURPOSE The legislature passed H.B. 40 during the 74th Legislature to create the CODIS DNA database for sex offenders. Recently, the database encountered its first successful match. H.B. 3215 allows the Texas Department of Criminal Justice and the Texas Youth Commission to use force, if necessary, to collect DNA specimens from those who are required to submit samples to the CODIS database maintained by the Department of Public Safety. 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, Government Code, by adding Subsections (f)-(h) to authorize a medical staff employee of the institutional division of the Texas Department of Criminal Justice (institutional division) to obtain a voluntary sample or specimen from any inmate; an employee of the institutional division to use force against an inmate 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; and the Texas Department of Criminal Justice to contract with an individual or entity for the provision of phlebotomy services under this section. SECTION 2. Amends Section 411.150, Government Code, by adding Subsections (c)-(f) to require the Texas Youth Commission (commission) to obtain blood samples or other specimens from juveniles under this section; preserve each sample or other specimen collected; maintain a record of the collection of the sample or specimen; and send the sample or specimen to the director for scientific analysis under this subchapter. Authorizes a medical staff employee of the commission to obtain a voluntary sample or specimen from any juvenile. Authorizes an employee of the commission to 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. Authorizes the commission to contract with an individual or entity for the provision of phlebotomy services under this section. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.