HBA-KSM H.B. 3215 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3215
By: McCall
Public Safety
4/5/1999
Introduced



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.