HBA-MPA H.B. 356 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 356
By: Wise
Public Safety
2/9/1999
Introduced


BACKGROUND AND PURPOSE 

It has been known for many years that each individual has a unique set of
fingerprints, and records of fingerprints are used routinely for
identification of persons involved in criminal activity. Scientific
advances have made it possible to identify persons responsible for crimes,
even if no fingerprints are found, by biological evidence such as blood,
saliva, or semen recovered at the crime scene or from the victim.  Like
fingerprints, each individual has a unique genetic fingerprint known as
deoxyribonucleic acid (DNA).  By matching the DNA samples taken from
biological evidence recovered during investigation of a crime to the DNA
samples of suspected offenders, police can conclusively eliminate many
suspects and identify the offender. 

H.B. 356 adds language to the Government Code to strengthen the
requirements for DNA testing by providing that a person charged with or
convicted of certain enumerated offenses or otherwise ordered by the court
must provide a saliva sample in addition to the already required blood
sample. The bill also includes as candidates for the DNA testing persons
confined to any penal institution or facility operated by or under contract
with the Texas Department of Criminal Justice, including a county or
municipal jail, if ordered by a court. 

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, as follows:

Sec. 411.148. DNA RECORDS OF CERTAIN INMATES. (a) Requires a person
confined in a facility operated by or under contract with the Texas
Department of Criminal Justice (department) or other penal institution,
including county and municipal jails, to provide blood, saliva, and any
other specimens taken by or at the request of the department or institution
for the purposes of creating a DNA record if ordered by a court, or if the
person, rather than inmate, is charged with or convicted of certain
enumerated offenses committed with intent to violate or abuse the victim
sexually. 
           
(b) Requires the institutional division of the department to obtain samples
and specimens during the diagnostic process.  Requires administrators of a
facility operated by or under contract with the department, other than the
institutional division, and the administrators of other institutions to
obtain the samples or specimens from a person as specified by this section
if the administrator determines the person is likely to be released, rather
than paroled,  before being admitted to the institutional division.
Requires the administrator to ensure that each sample or specimen obtained
under this section be sent the to the institutional division of the
department. 

(c) Makes nonsubstantive changes.

(d) Provides that a person may not be held past a statutory release date
solely because the person fails or refuses to provide a blood or saliva
sample or specimen; however, the department or penal institution may take
other administrative action against the person. 
 
(e) Makes nonsubstantive changes. 

SECTION 2. Amends Section 411.150, Government Code, to require a juvenile
committed to a facility operated by or under contract with the Texas Youth
Commission (commission)  to provide blood, saliva, and other specimens
taken by or at the request of the commission or facility administrator for
the purposes of creating a DNA record if ordered by a court, or if the
juvenile is alleged to have engaged, or adjudicated as having engaged, in
certain enumerated delinquent conduct committed with intent to violate or
abuse the victim sexually.  Makes a conforming change. 

SECTION 3.  Effective date:  September 1, 1999, and applies to any person
who is held in confinement on or after the effective date of this Act,
regardless of the date on which the person is initially placed in
confinement. 
           
SECTION 4.  Emergency clause.