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


Office of House Bill AnalysisH.B. 1188
By: Gallego
Public Safety
3/11/1999
Introduced



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, Texas does not collect samples from murder or
aggravated assault offenders.  DNA information on such offenders would
increase 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 and aggravated assault. 

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 murder
and aggravated assault among the offenses for which an inmate who is
serving a sentence is required to provide blood samples for the purpose of
creating a DNA record of the inmate.  Makes nonsubstantive changes. 

SECTION 2.  Amends Section 411.150(a), Government Code, to include murder
and aggravated assault among the offenses for which a juvenile committed to
the Texas Youth Commission is required to provide blood samples for the
purpose of creating a DNA record of the juvenile.  Makes nonsubstantive
changes. 

SECTION 3.  Requires the institutional division (division) of the Texas
Department of Criminal Justice to collect the blood samples required to be
provided under Section 411.148 (DNA Records of Certain Inmates), Government
Code, by an inmate serving a sentence for murder or aggravated assault or
having been previously 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, not later than the 90th day 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.