HBA-DMD, KMH H.B. 1188 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1188 By: Gallego Public Safety 8/2/1999 Enrolled 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, prior to the 76th Legislature Texas did not collect samples from murder or aggravated assault offenders. DNA information on such offenders would have increased 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, aggravated assault, and certain burglaries. 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 replace indecency with a child, sexual assault, aggravated sexual assault, aggravated kidnapping, and burglary, with murder, aggravated assault, certain burglaries or any offense if the inmate has previously been convicted of or adjudicated as having engaged in the before mentioned offenses as offenses for which an inmate who is serving a sentence is required to provide blood samples or other specimens for the purpose of creating a DNA record of the inmate. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 411.150(a), Government Code, to replace indecency with a child, sexual assault, aggravated sexual assault, aggravated kidnapping, and burglary, with murder, aggravated assault, certain burglaries or any offense if the inmate has previously been convicted of or adjudicated as having engaged in the before mentioned offenses as offenses for which a juvenile committed to the Texas Youth Commission is required to provide blood samples or other specimens for the purpose of creating a DNA record of the juvenile. Makes conforming and nonsubstantive changes. SECTION 3. Requires the institutional division (division) of the Texas Department of Criminal Justice to collect the blood sample or other specimen required to be provided under Section 411.148 (DNA Records of Certain Inmates), Government Code, by an inmate serving a sentence for murder, aggravated assault, burglary punishable under Section 30.02(c)(2), Penal Code, or an offense for which registration as a sex offender is required but for which the collection of a blood sample or other specimen was not required before the effective date of this Act or from an inmate having previously been 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, no later than 90 days 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.