H.B. No. 3295
 
 
 
 
AN ACT
  relating to the DNA samples taken from certain offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.142(g), Government Code, is amended
  to read as follows:
         (g)  The DNA database may contain DNA records for the
  following:
               (1)  an individual described by this subchapter,
  including Section 411.1471, 411.148, or 411.154 [411.150];
               (2)  a biological specimen of a deceased victim of a
  crime;
               (3)  a biological specimen that is legally obtained in
  the investigation of a crime, regardless of origin;
               (4)  results of testing ordered by a court under this
  subchapter, Article 64.03, Code of Criminal Procedure, or other law
  permitting or requiring the creation of a DNA record;
               (5)  an unidentified missing person, or unidentified
  skeletal remains or body parts;
               (6)  a close biological relative of a person who has
  been reported missing to a law enforcement agency;
               (7)  a person at risk of becoming lost, such as a child
  or a person declared by a court to be mentally incapacitated, if the
  record is required by court order or a parent, conservator, or
  guardian of the person consents to the record; or
               (8)  an unidentified person, if the record does not
  contain personal identifying information.
         SECTION 2.  Section 411.1471(f), Government Code, is amended
  to read as follows:
         (f)  A defendant who provides a DNA sample [specimen] under
  this section is not required to provide a DNA sample [specimen]
  under Section [411.1472 or provide a sample or specimen under
  Section] 411.148 [or 411.150] unless an attorney representing the
  state in the prosecution of felony offenses establishes to the
  satisfaction of the director that the interests of justice or
  public safety require that the defendant provide additional samples
  [or specimens].
         SECTION 3.  Section 411.148, Government Code, as reenacted
  and amended by Chapters 1224 and 1245, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted and amended to read as follows:
         Sec. 411.148.  MANDATORY DNA RECORD.  (a)  This section
  applies to:
               (1)  an individual who is:
                     (A)  ordered by a magistrate or court to provide a
  sample under Section [411.150 or] 411.154 or other law; or
                     (B)  confined in a penal institution operated by
  or under contract with the Texas Department of Criminal Justice; or
               (2)  a juvenile who is, after an adjudication for
  conduct constituting a felony, confined in a facility operated by
  or under contract with the Texas Youth Commission.
         (b)  An individual described by Subsection (a) shall provide
  one or more DNA samples for the purpose of creating a DNA record.
         (c)  A criminal justice agency shall collect a sample ordered
  by a magistrate or court in compliance with the order.
         (d)  If an individual described by Subsection (a)(1)(B) is
  received into custody by the Texas Department of Criminal Justice,
  that department shall collect the sample from the individual during
  the diagnostic process or at another time determined by the Texas
  Department of Criminal Justice.
         (e)  If an individual described by Subsection (a)(2) is
  received into custody by the Texas Youth Commission, the youth
  commission shall collect the sample from the individual during the
  initial examination or at another time determined by the youth
  commission.
         (f)  The Texas Department of Criminal Justice shall notify
  the director that an individual described by Subsection (a)(1)(B)
  [(a)] is to be released from custody not earlier than the 120th day
  before the individual's statutory release date and not later than
  the 90th day before the individual's statutory release date. An
  individual described by Subsection (a)(1)(B) may not be held past
  the individual's statutory release date if the individual fails or
  refuses to provide a DNA sample under this section. The Texas
  Department of Criminal Justice may take lawful administrative
  action, including disciplinary action resulting in the loss of good
  conduct time, against an individual described by Subsection
  (a)(1)(B) who refuses to provide a sample under this section. In
  this subsection, "statutory release date" means the date on which
  an individual is discharged from the individual's controlling
  sentence.
         (f-1)  The Texas Youth Commission shall notify the director
  that an individual described by Subsection (a)(2) [(a)] is to be
  released from custody not earlier than the 120th [10th] day before
  the individual's release date.
         (f-2)  The Texas Department of Criminal Justice and the Texas
  Youth Commission, in consultation with the director, shall
  determine the form of the notification described by Subsections (f)
  and (f-1) [this subsection].
         (g)  A medical staff employee of a criminal justice agency
  may collect a voluntary sample from an individual at any time.
         (h)  An employee of a criminal justice agency may use force
  against an individual required to provide a DNA sample under this
  section when and to the degree the employee reasonably believes the
  force is immediately necessary to collect the sample.
         (i)(1)  The Texas Department of Criminal Justice as soon as
  practicable shall cause a sample to be collected from an individual
  described by Subsection (a)(1)(B) if:
                     (A)  the individual is confined in another penal
  institution after sentencing and before admission to the
  department; and
                     (B)  the department determines that the
  individual is likely to be released before being admitted to the
  department.
               (2)  The administrator of the other penal institution
  shall cooperate with the Texas Department of Criminal Justice as
  necessary to allow the Texas Department of Criminal Justice to
  perform its duties under this subsection.
         (j)(1)  The Texas Youth Commission as soon as practicable
  shall cause a sample to be collected from an individual described by
  Subsection (a)(2) if:
                     (A)  the individual is detained in another
  juvenile detention facility after adjudication and before
  admission to the youth commission; and
                     (B)  the youth commission determines the
  individual is likely to be released before being admitted to the
  youth commission.
               (2)  The administrator of the other juvenile detention
  facility shall cooperate with the Texas Youth Commission as
  necessary to allow the youth commission to perform its duties under
  this subsection.
         (k)  When a criminal justice agency of this state agrees to
  accept custody of an individual from another state or jurisdiction
  under an interstate compact or a reciprocal agreement with a local,
  county, state, or federal agency, the acceptance is conditional on
  the individual providing a DNA sample under this subchapter if the
  individual was convicted of a felony.
         (l)  If, in consultation with the director, it is determined
  that an acceptable sample has already been received from an
  individual, additional samples are not required unless requested by
  the director.
         SECTION 4.  Section 411.153(b), Government Code, is amended
  to read as follows:
         (b)  A person commits an offense if the person knowingly
  discloses to an unauthorized recipient information in a DNA record
  or information related to a DNA analysis of a sample collected under
  this subchapter.
         SECTION 5.  Section 411.150, Government Code, is repealed.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3295 was passed by the House on April
  19, 2007, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3295 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor