81R37 UM-D
By: Wentworth S.B. No. 1627
A BILL TO BE ENTITLED
AN ACT
relating to the collection of biometric identifiers of certain
persons receiving inpatient mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.042, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) The bureau of identification and records shall procure
and file for record fingerprints and other pertinent information of
all persons committed to temporary or extended inpatient mental
health services under Chapter 574, Health and Safety Code. The
department shall adopt rules governing the retention of and access
to fingerprints recorded under this section.
SECTION 2. 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;
(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) a person who is:
(A) found to be manifestly dangerous in an order
committing the person to extended inpatient mental health services
under Section 574.036(f), Health and Safety Code;
(B) committed to a maximum security unit in
accordance with Article 46B.104, Code of Criminal Procedure; or
(C) the subject of an affirmative determination
under Article 46C.157, Code of Criminal Procedure; or
(9) an unidentified person, if the record does not
contain personal identifying information.
SECTION 3. Subchapter G, Chapter 411, Government Code, is
amended by adding Section 411.1474 to read as follows:
Sec. 411.1474. DNA RECORDS OF CERTAIN PERSONS COMMITTED TO
MENTAL HEALTH FACILITIES. (a) This section applies only to a
person who is:
(1) found manifestly dangerous in an order committing
the person to extended inpatient mental health services under
Section 574.036(f), Health and Safety Code;
(2) committed to a maximum security unit in accordance
with Article 46B.104, Code of Criminal Procedure; or
(3) the subject of an affirmative determination under
Article 46C.157, Code of Criminal Procedure.
(b) The department by rule shall require a person that has
the training and other resources necessary to efficiently and
properly take a DNA specimen to:
(1) take one or more specimens from a person described
by Subsection (a) for the purpose of creating a DNA record; and
(2) preserve the specimen and maintain a record of the
collection of the specimen.
SECTION 4. Section 574.036, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) In an order committing a person to a mental health
facility for extended inpatient mental health services, the judge
may include a finding that the person is manifestly dangerous. The
judge may include the finding only if the criterion specified by the
jury or judge under Section 574.035(c) is that the proposed patient
is likely to cause serious harm to others.
SECTION 5. Subchapter D, Chapter 574, Health and Safety
Code, is amended by adding Section 574.049 to read as follows:
Sec. 574.049. COLLECTION OF BIOMETRIC IDENTIFIERS OF
PATIENTS. (a) A person committed to a mental health facility for
temporary or extended inpatient mental health services shall
provide a complete set of legible fingerprints to the Bureau of
Identification and Records at the Department of Public Safety of
the State of Texas.
(b) A person shall provide one or more DNA samples for the
purpose of creating a DNA record in accordance with Section
411.1474, Government Code, if the person is:
(1) found manifestly dangerous in an order committing
the person to extended inpatient mental health services under
Section 574.036(f);
(2) committed to a maximum security unit in accordance
with Article 46B.104, Code of Criminal Procedure; or
(3) the subject of an affirmative determination under
Article 46C.157, Code of Criminal Procedure.
SECTION 6. (a) Section 411.042(k), Government Code, as
added by this Act, applies only to the fingerprints and pertinent
information of persons committed to temporary or extended inpatient
mental health services under Chapter 574, Health and Safety Code,
on or after the effective date of this Act.
(b) Section 411.1474, Government Code, and Section 574.049,
Health and Safety Code, as added by this Act, apply only to persons:
(1) committed to temporary or extended inpatient
mental health services under Chapter 574, Health and Safety Code,
on or after the effective date of this Act;
(2) found manifestly dangerous in an order committing
the person to extended inpatient mental health services under
Section 574.036(f), Health and Safety Code, as added by this Act, on
or after the effective date of this Act;
(3) committed to a maximum security unit in accordance
with Article 46B.104, Code of Criminal Procedure, on or after the
effective date of this Act; or
(4) subject to an affirmative determination made under
Article 46C.157, Code of Criminal Procedure, on or after the
effective date of this Act.
SECTION 7. This Act takes effect September 1, 2009.