Amend SB 3 by adding appropriately numbered SECTIONS to read
as follows and by renumbering existing SECTIONS accordingly:
      SECTION ____. Subchapter G, Chapter 411, Government Code, is
amended by adding Section 411.1471 to read as follows:
      Sec. 411.1471.  DNA RECORDS OF PERSONS CHARGED WITH CERTAIN
FELONIES. (a)  This section applies to:
            (1)  a defendant arrested for an offense described by
Section 411.148(a)(1); and
            (2)  a child taken into custody for conduct
constituting an offense described by Section 411.148(a)(1).
      (b)  A law enforcement agency arresting a defendant for or
taking a child into custody for an offense described by Subsection
(a), on the request of an attorney representing the defendant or
the child, must permit the defendant or child to provide one or
more blood samples or other specimen for the purpose of creating a
DNA record.
      (c)  The director by rule shall require law enforcement
agencies taking a sample or specimen under this section to take the
sample or specimen, preserve the sample or specimen, maintain a
record of the collection of the sample or specimen, and send the
sample or specimen to the director for scientific analysis under
this subchapter in the same manner as is required of the Texas
Department of Criminal Justice under Section 411.148.
      (d)  A defendant or child who provides a blood sample or
other specimen under Subsection (b) is not liable for any costs
incurred by the law enforcement agency under Subsection (c).
      SECTION ____. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.020 to read as follows:
      Art. 102.020.  COSTS ON CONVICTION FOR OFFENSES REQUIRING DNA
TESTING. (a)  A person shall pay $100 as a court cost on conviction
of an offense described by Section 411.148(a)(1), Government Code.
      (b)  The court shall assess and make a reasonable effort to
collect the cost due under this article whether or not any other
court cost is assessed or collected.
      (c)  For purposes of this article, a person is considered to
have been convicted if:
            (1)  a sentence is imposed; or
            (2)  the defendant receives community supervision or
deferred adjudication.
      (d)  Court costs under this article are collected in the same
manner as other fines or costs.  An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county treasury.
      (e)  The custodian of a county treasury shall:
            (1)  keep records of the amount of funds on deposit
collected under this article; and
            (2)  send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
      (f)  A county may retain 10 percent of the funds collected
under this article by an officer of the county as a collection fee
if the custodian of the county treasury complies with Subsection
(e).
      (g)  If no funds due as costs under this article are
deposited in a county treasury in a calendar quarter, the custodian
of the treasury shall file the report required for the quarter in
the regular manner and must state that no funds were collected.
      (h)  The comptroller shall deposit the funds received under
this article to the credit of the criminal justice planning account
in the general revenue fund.
      (i)  Funds collected under this article are subject to audit
by the comptroller.
      SECTION ____. Article 102.056, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
      (e)  The legislature shall determine and appropriate the
necessary amount from the criminal justice planning account to the
criminal justice division of the governor's office for grants to
local law enforcement agencies performing duties imposed on those
agencies under Sections 411.1471 and 411.1472, Government Code.
      SECTION ____. The director of the Department of Public
Safety, not later than January 1, 2002, shall adopt rules relating
to duties imposed on law enforcement agencies under Section
411.1471, Government Code, as added by this Act.
      SECTION ____. Section 411.1471, Government Code, as added by
this Act, applies to a defendant arrested on or after February 1,
2002.
      SECTION ____. (a)  Article 102.020, Code of Criminal
Procedure, as added by this Act, applies only to an offense
committed on or after the effective date of this Act.  For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before the
effective date.
      (b)  An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.