Bill Text: TX HB1726 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of DNA records for the DNA database system and to an offense involving the release of a DNA sample to an unauthorized recipient.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB1726 Detail]
Download: Texas-2011-HB1726-Introduced.html
82R10018 KEL-D | ||
By: Hernandez Luna | H.B. No. 1726 |
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relating to the creation of DNA records for the DNA database system | ||
and to an offense involving the release of a DNA sample to an | ||
unauthorized recipient. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.0409(b), Family Code, is amended to | ||
read as follows: | ||
(b) Unless the child has already submitted a required sample | ||
under other state law [ |
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shall require as a condition of deferred prosecution or probation, | ||
as appropriate, that a [ |
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Subchapter G, Chapter 411, Government Code, for the purpose of | ||
creating a DNA record of the child if: | ||
(1) the child is placed on deferred prosecution after | ||
a petition is filed alleging that the child engaged in conduct | ||
constituting the commission of a felony to which this section | ||
applies; or | ||
(2) the child is placed on probation after a | ||
disposition under Section 54.04 by the court or a jury in which the | ||
child is adjudicated as having engaged in conduct constituting the | ||
commission of a felony to which this section applies [ |
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SECTION 2. Section 54.0462(a), Family Code, is amended to | ||
read as follows: | ||
(a) If a child is alleged to have engaged in or adjudicated | ||
as having engaged in delinquent conduct that constitutes the | ||
commission of a felony and if the provision of a DNA sample is | ||
required under Section 54.0409 or other law in relation to that | ||
conduct, the juvenile court shall order the child, parent, or other | ||
person responsible for the child's support to pay to the court as a | ||
cost of court: | ||
(1) a $50 fee if the disposition of the case includes a | ||
commitment to a facility operated by or under contract with the | ||
Texas Youth Commission; and | ||
(2) a $34 fee if the disposition of the case does not | ||
include a commitment described by Subdivision (1) but does include | ||
placement of the child on probation or deferred prosecution [ |
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SECTION 3. Section 103.0212, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a | ||
civil suit, as applicable, shall pay the following fees and costs | ||
under the Family Code if ordered by the court or otherwise required: | ||
(1) in family matters: | ||
(A) issuing writ of withholding (Sec. 8.262, | ||
Family Code) . . . $15; | ||
(B) filing copy of writ of withholding to | ||
subsequent employer (Sec. 8.267, Family Code) . . . $15; | ||
(C) issuing and delivering modified writ of | ||
withholding or notice of termination (Sec. 8.302, Family Code) | ||
. . . $15; | ||
(D) issuing and delivering notice of termination | ||
of withholding (Sec. 8.303, Family Code) . . . $15; | ||
(E) issuance of change of name certificate (Sec. | ||
45.106, Family Code) . . . $10; | ||
(F) protective order fee (Sec. 81.003, Family | ||
Code) . . . $16; | ||
(G) filing suit requesting adoption of child | ||
(Sec. 108.006, Family Code) . . . $15; | ||
(H) filing fees for suits affecting parent-child | ||
relationship (Sec. 110.002, Family Code): | ||
(i) suit or motion for modification (Sec. | ||
110.002, Family Code) . . . $15; | ||
(ii) motion for enforcement (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(iii) notice of application for judicial | ||
writ of withholding (Sec. 110.002, Family Code) . . . $15; | ||
(iv) motion to transfer (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(v) petition for license suspension (Sec. | ||
110.002, Family Code) . . . $15; | ||
(vi) motion to revoke a stay of license | ||
suspension (Sec. 110.002, Family Code) . . . $15; and | ||
(vii) motion for contempt (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(I) order or writ of income withholding to be | ||
delivered to employer (Sec. 110.004, Family Code) . . . not to | ||
exceed $15; | ||
(J) filing fee for transferred case (Sec. | ||
110.005, Family Code) . . . $45; | ||
(K) filing a writ of withholding (Sec. 158.319, | ||
Family Code) . . . $15; | ||
(L) filing a request for modified writ of | ||
withholding or notice of termination (Sec. 158.403, Family Code) | ||
. . . not to exceed $15; | ||
(M) filing an administrative writ to employer | ||
(Sec. 158.503, Family Code) . . . not to exceed $15; and | ||
(N) genetic testing fees in relation to a child | ||
born to a gestational mother (Sec. 160.762, Family Code) . . . as | ||
assessed by the court; and | ||
(2) in juvenile court: | ||
(A) fee schedule for deferred prosecution | ||
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; | ||
(B) a request fee for a teen court program (Sec. | ||
54.032, Family Code) . . . $20, if the court ordering the fee is | ||
located in the Texas-Louisiana border region, but otherwise not to | ||
exceed $10; | ||
(C) court costs for juvenile probation diversion | ||
fund (Sec. 54.0411, Family Code) . . . $20; | ||
(D) a juvenile delinquency prevention fee (Sec. | ||
54.0461, Family Code) . . . $50; | ||
(E) a court fee for child's probationary period | ||
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; | ||
(F) a fee to cover costs of required duties of | ||
teen court (Sec. 54.032, Family Code) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(G) a fee for DNA testing on commitment to | ||
certain facilities (Sec. 54.0462, Family Code) . . . $50; and | ||
(H) a fee for DNA testing after placement on | ||
probation or deferred prosecution or as otherwise required by law | ||
(Sec. 54.0462, Family Code) . . . $34. | ||
SECTION 4. Section 411.142, Government Code, is amended by | ||
amending Subsections (c) and (e) and adding Subsections (e-1) and | ||
(e-2) to read as follows: | ||
(c) The director may receive, analyze, store, and destroy a | ||
DNA record or DNA sample for the purposes described by Section | ||
411.143. | ||
(e) The director, with advice from the Department of | ||
Information Resources, shall develop biennial plans to: | ||
(1) improve the reporting and accuracy of the DNA | ||
database; [ |
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(2) develop and maintain a monitoring system capable | ||
of identifying inaccurate or incomplete information; and | ||
(3) develop and maintain a computerized system to | ||
minimize duplicate sample collection and testing. | ||
(e-1) For the purpose of verifying whether a DNA sample has | ||
previously been collected from any person, the department may make | ||
information regarding the sample available, by secure electronic | ||
means, to: | ||
(1) local, state, and federal law enforcement | ||
agencies; and | ||
(2) the Texas Department of Criminal Justice, the | ||
Texas Youth Commission, and other correctional facilities, as | ||
defined by Section 1.07, Penal Code. | ||
(e-2) Information provided by the department under | ||
Subsection (e-1) may not include any test results associated with a | ||
DNA sample. | ||
SECTION 5. Section 411.143, Government Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) Regardless of the purpose for obtaining the | ||
information, information in the DNA database that relates to a DNA | ||
sample collected under Section 411.1471 or 411.148 may not be | ||
analyzed for human physical traits, predisposition for disease, or | ||
any other health-related purpose. | ||
SECTION 6. 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 [ |
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SECTION 7. Sections 411.1471(a) and (f), Government Code, | ||
are amended to read as follows: | ||
(a) This section applies to a defendant who is: | ||
(1) 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; or | ||
(J) Section 21.02; | ||
(2) arrested for any offense punishable as a Class B | ||
misdemeanor or any higher category of offense [ |
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(3) convicted of or placed on deferred adjudication | ||
for an offense under Section 21.07 or 21.08, Penal Code. | ||
(f) A defendant who provides a DNA sample under this section | ||
is not required to provide a DNA sample under Section 411.148 unless | ||
an attorney representing the state [ |
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interests of justice or public safety require that the defendant | ||
provide additional samples. | ||
SECTION 8. Section 411.148(a), Government Code, is amended | ||
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; or | ||
(B) confined in a penal institution operated by | ||
or under contract with the Texas Department of Criminal Justice; or | ||
(2) a juvenile who[ |
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(A) following an adjudication for conduct | ||
constituting any felony, confined in a facility operated by or | ||
under contract with the Texas Youth Commission; [ |
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(B) placed on probation following an | ||
adjudication for[ |
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felony described by Section 54.0409, Family Code; or | ||
(C) placed on deferred prosecution after a | ||
petition is filed alleging that the juvenile engaged in conduct | ||
constituting a felony described by Section 54.0409, Family Code. | ||
SECTION 9. Section 411.151, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) 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. | ||
(e) 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 10. Section 411.153(b), Government Code, is amended | ||
to read as follows: | ||
(b) A person commits an offense if the person knowingly: | ||
(1) discloses to an unauthorized recipient | ||
information in a DNA record or information related to a DNA analysis | ||
of a sample collected under this subchapter; or | ||
(2) releases the DNA sample or a portion of the sample | ||
to an unauthorized recipient. | ||
SECTION 11. Section 411.154(a), Government Code, is amended | ||
to read as follows: | ||
(a) On the request of the director or a local law | ||
enforcement agency, a district or county attorney or the attorney | ||
general may petition a district court for an order requiring a | ||
person to: | ||
(1) comply with this subchapter or a rule adopted | ||
under this subchapter; or | ||
(2) refrain from acting in violation of this | ||
subchapter or a rule adopted under this subchapter. | ||
SECTION 12. (a) The changes in law made by this Act in | ||
amending Section 54.0409, Family Code, and Section 411.148, | ||
Government Code, apply only to a child who is placed on deferred | ||
prosecution on or after the effective date of this Act. | ||
(b) The change in law made by this Act in amending Section | ||
54.0462, Family Code, applies only to conduct engaged in on or after | ||
the effective date of this Act. Conduct engaged in before the | ||
effective date of this Act is covered by the law in effect at the | ||
time the conduct was engaged in, and the former law is continued in | ||
effect for that purpose. For purposes of this section, conduct was | ||
engaged in before the effective date of this Act if any element of | ||
the conduct occurred before that date. | ||
SECTION 13. The change in law made by this Act in amending | ||
Section 411.1471(a)(2), Government Code, applies only to: | ||
(1) a person arrested for an offense punishable as a | ||
Class B or A misdemeanor that is committed on or after January 1, | ||
2014; and | ||
(2) a person arrested for an offense punishable as a | ||
felony that is committed on or after January 1, 2012. | ||
SECTION 14. This Act takes effect September 1, 2011. |