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.