Bill Text: TX HB1038 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the creation of DNA records for the DNA database system; authorizing the imposition of a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB1038 Detail]
Download: Texas-2013-HB1038-Comm_Sub.html
83R20399 KEL-D | |||
By: Eiland | H.B. No. 1038 | ||
Substitute the following for H.B. No. 1038: | |||
By: Pickett | C.S.H.B. No. 1038 |
|
||
|
||
relating to the creation of DNA records for the DNA database system; | ||
authorizing the imposition of a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.015 to read as follows: | ||
Art. 102.015. FEE FOR COLLECTION OF DNA AFTER CERTAIN | ||
ARRESTS. (a) This article applies only to a defendant arrested for | ||
an offense other than an offense punishable by fine only. | ||
(b) The court shall order a defendant to whom this article | ||
applies to pay a fee of $27 to the arresting law enforcement agency | ||
to reimburse the agency for the cost of the evidence collection kit | ||
used to collect a DNA sample from the defendant under Section | ||
411.148(a)(1)(C), Government Code. | ||
SECTION 2. Section 103.024, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.024. MISCELLANEOUS FEES AND COSTS: CODE OF | ||
CRIMINAL PROCEDURE. Fees and costs shall be paid or collected under | ||
the Code of Criminal Procedure as follows: | ||
(1) filing of a restitution lien (Art. 42.22, Code of | ||
Criminal Procedure) . . . $5; | ||
(2) issuance and service of a warrant of arrest for | ||
certain offenses if prescribed by the municipality (Art. 45.203, | ||
Code of Criminal Procedure) . . . not to exceed $25; [ |
||
(3) a fee for each agency or organization designated | ||
by a registered sex offender for receipt of a copy of an order | ||
making the registration nonpublic (Art. [ |
||
Criminal Procedure) . . . $20; and | ||
(4) a fee to reimburse a law enforcement agency for the | ||
cost of an evidence collection kit (Art. 102.015, Code of Criminal | ||
Procedure) . . . $27. | ||
SECTION 3. The heading to Section 411.1471, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR | ||
CONVICTED OF CERTAIN OFFENSES [ |
||
SECTION 4. Section 411.1471(a), Government Code, is amended | ||
to read as follows: | ||
(a) This section applies to a defendant who has not already | ||
provided a sample to an arresting agency as required by Section | ||
411.148(a)(1)(C) and who [ |
||
(1) is indicted or waives indictment for a felony | ||
prohibited or punishable under any of the following Penal Code | ||
sections: | ||
(A) Section 20.04(a)(4); | ||
(B) Section 21.11; | ||
(C) Section 22.011; | ||
(D) Section 22.021; | ||
(E) Section 25.02; | ||
(F) Section 30.02(d); | ||
(G) Section 43.05; | ||
(H) Section 43.25; | ||
(I) Section 43.26; | ||
(J) Section 21.02; or | ||
(K) Section 20A.03; | ||
(2) is arrested for a felony described by Subdivision | ||
(1) after having been previously convicted of or placed on deferred | ||
adjudication for an offense described by Subdivision (1) or an | ||
offense punishable under Section 30.02(c)(2), Penal Code; or | ||
(3) is convicted of an offense under Section 21.07 or | ||
21.08, Penal Code. | ||
SECTION 5. Section 411.148, Government Code, is amended by | ||
amending Subsections (a), (d), (f), and (h) and adding Subsection | ||
(d-1) to read as follows: | ||
(a) This section applies to: | ||
(1) an individual, other than a juvenile, who is: | ||
(A) ordered by a magistrate or court to provide a | ||
DNA sample under Section 411.154 or other law, including as part of | ||
an order granting community supervision to the individual; [ |
||
(B) confined in a penal institution operated by | ||
or under contract with the Texas Department of Criminal Justice; or | ||
(C) arrested for any offense punishable as a | ||
Class B misdemeanor or higher; or | ||
(2) a juvenile who, following an adjudication for | ||
conduct constituting a felony, is: | ||
(A) confined in a facility operated by or under | ||
contract with the Texas Juvenile Justice Department [ |
||
|
||
(B) placed on probation, if the conduct | ||
constitutes a felony described by Section 54.0409, Family Code. | ||
(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. If an individual described by | ||
Subsection (a)(2)(A) is received into custody by the Texas Juvenile | ||
Justice Department [ |
||
Department [ |
||
individual during the initial examination or at another time | ||
determined by the Texas Juvenile Justice Department [ |
||
|
||
other law to provide a DNA sample is in the custody or under the | ||
supervision of another criminal justice agency, such as a community | ||
supervision and corrections department, a parole office, or a local | ||
juvenile probation department or parole office, that agency shall | ||
collect the sample from the individual at a time determined by the | ||
agency. The duties imposed by this subsection do not apply if a | ||
sample has already been collected under Subsection (d-1). | ||
(d-1) If an individual described by Subsection (a)(1)(C) is | ||
lawfully arrested, the arresting agency shall collect the sample | ||
from the individual during the fingerprinting and booking process. | ||
(f) The Texas Department of Criminal Justice shall notify | ||
the director that an individual described by Subsection (a)(1)(B) | ||
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. The [ |
||
individual [ |
||
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 [ |
||
|
||
Subsection (d) [ |
||
"statutory release date" means the date on which an individual is | ||
discharged from the individual's controlling sentence. | ||
(h) An employee of a criminal justice agency or of an | ||
arresting 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. | ||
SECTION 6. Section 411.148(i)(1), Government Code, is | ||
amended to read as follows: | ||
(1) The Texas Department of Criminal Justice as soon | ||
as practicable shall cause a sample to be collected from an | ||
individual, other than an individual who has already provided a | ||
sample to an arresting agency as required by Subsection (a)(1)(C), | ||
[ |
||
(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. | ||
SECTION 7. Section 411.151, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (f) to read as | ||
follows: | ||
(a) The director shall expunge a DNA record of an individual | ||
from a DNA database, including the destruction of the associated | ||
DNA sample, if the person: | ||
(1) notifies the director in writing that the DNA | ||
record has been ordered to be expunged under this section or Chapter | ||
55, Code of Criminal Procedure, and provides the director with a | ||
certified copy of the court order that expunges the DNA record; or | ||
(2) provides the director with: | ||
(A) a certified copy of a court order issued | ||
under Section 58.003, Family Code, that seals the juvenile record | ||
of the adjudication that resulted in the DNA record; | ||
(B) a certified copy of the judgment in the case | ||
showing an acquittal, an entry of nolle prosequi, or a discharge and | ||
dismissal after the successful completion of a pretrial diversion | ||
program or the successful completion of a period of deferred | ||
adjudication community supervision; or | ||
(C) if the DNA sample was collected in relation | ||
to the arrest of the person, a sworn affidavit stating that no | ||
charges arising from the arrest have been filed before the first | ||
anniversary of the date of the person's arrest. | ||
(f) When a person's DNA sample and DNA record are expunged | ||
from the DNA database under this subchapter, the director or the | ||
director's designee shall ensure that the person's DNA sample and | ||
DNA record are also expunged from the CODIS database. | ||
SECTION 8. (a) Except as provided by Subsection (b) of this | ||
section, the change in law made by this Act applies only to a person | ||
arrested for an offense committed on or after the effective date of | ||
this Act. A person arrested for an offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this subsection, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
(b) The change in law made by Section 7 of this Act in | ||
amending Section 411.151, Government Code, applies to the | ||
expunction of a DNA record from a DNA database regardless of whether | ||
the record was created before, on, or after the effective date of | ||
this Act. | ||
SECTION 9. (a) Except as provided by Subsections (b) and | ||
(c) of this section, this Act takes effect September 1, 2013. | ||
(b) Sections 1 through 6 of this Act take effect 30 days | ||
after the date on which the comptroller of public accounts | ||
certifies that the Department of Public Safety of the State of Texas | ||
has received sufficient gifts or grants or funds from sources other | ||
than the General Appropriations Act to improve its crime laboratory | ||
equipment and services to enable the analysis of DNA samples | ||
collected from arrested persons as required by Section | ||
411.148(a)(1)(C), Government Code. The department shall provide to | ||
the comptroller timely notice of the receipt of sufficient gifts, | ||
grants, or funds. | ||
(c) If the comptroller by September 1, 2015, does not make | ||
the certification described by Subsection (b) of this section, | ||
Sections 1 through 6 of this Act have no effect. |