Enrolled Bill Summary

            Senate Bill 638 amends the Government Code and the Code of Criminal Procedure to establish provisions regarding the DNA testing of persons charged with certain felonies. The bill requires a defendant who is indicted or waives indictment for certain felony offenses or is arrested after having been previously convicted or placed on deferred adjudication or community supervision for certain offenses to provide one or more specimens for the purpose of creating a DNA record.

            The bill requires the director of the Department of Public Safety to promulgate rules to require a law enforcement agency that takes a specimen to preserve the specimen and maintain a record of its collection, and to prohibit a law enforcement agency from taking a blood sample for the purpose of creating a DNA record. The bill establishes that a DNA record created under these provisions is confidential and not subject to disclosure under the open records law, must be segregated from other records, and establishes a third degree felony offense for disclosing the information. On acquittal of the defendant or dismissal of the case, the court is required to order the record of collection and the specimen destroyed.

            The bill requires a person convicted of an offense requiring DNA testing to pay a court cost and establishes procedures for the collection of the court costs, dispersion of the funds received from the court costs, and an audit of the funds.