1-1                                   AN ACT
 1-2     relating to the taking of a specimen from a person arrested for,
 1-3     charged with, or convicted of certain offenses for the purposes of
 1-4     DNA analysis; providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (b), Section 411.145, Government Code,
 1-7     is amended to read as follows:
 1-8           (b)  A fee collected under this section shall be deposited in
 1-9     the state treasury to the credit of the state highway fund, and
1-10     money deposited under this section and under Article 102.020(h),
1-11     Code of Criminal Procedure, may be used only to defray the cost of
1-12     administering this subchapter.
1-13           SECTION 2.  Subchapter G, Chapter 411, Government Code, is
1-14     amended by adding Sections 411.1471 and 411.1472 to read as
1-15     follows:
1-16           Sec. 411.1471.  DNA RECORDS OF PERSONS CHARGED WITH OR
1-17     CONVICTED OF CERTAIN FELONIES.  (a)  This section applies to a
1-18     defendant who is:
1-19                 (1)  indicted or waives indictment for a felony
1-20     prohibited or punishable under any of the following Penal Code
1-21     sections:
1-22                       (A)  Section 20.04(a)(4);
1-23                       (B)  Section 21.11;
1-24                       (C)  Section 22.011;
1-25                       (D)  Section 22.021;
 2-1                       (E)  Section 25.02;
 2-2                       (F)  Section 30.02(d);
 2-3                       (G)  Section 43.05;
 2-4                       (H)  Section 43.25; or
 2-5                       (I)  Section 43.26;
 2-6                 (2)  arrested for a felony described by Subdivision (1)
 2-7     after having been previously convicted of or placed on deferred
 2-8     adjudication for an offense described by Subdivision (1) or an
 2-9     offense punishable under Section 30.02(c)(2), Penal Code; or
2-10                 (3)  convicted of an offense under Section 21.07 or
2-11     21.08, Penal Code.
2-12           (b)  After a defendant described by Subsection (a)(1) is
2-13     indicted or waives indictment, the court in which the case is
2-14     pending shall require the defendant to provide to a law enforcement
2-15     agency one or more specimens for the purpose of creating a DNA
2-16     record.  A law enforcement agency arresting a defendant described
2-17     by Subsection (a)(2), immediately after fingerprinting the
2-18     defendant and at the same location as the fingerprinting occurs,
2-19     shall require the defendant to provide one or more specimens for
2-20     the purpose of creating a DNA record.  After a defendant described
2-21     by Subsection (a)(3) is convicted or placed on deferred
2-22     adjudication, the court shall require the defendant to provide to a
2-23     law enforcement agency one or more specimens for the purpose of
2-24     creating a DNA record.
2-25           (c)  A defendant described by Subsection (a)(1) or (3) may at
2-26     any time voluntarily provide a specimen for the purposes described
 3-1     by Subsection (b).
 3-2           (d)  The director by rule shall require law enforcement
 3-3     agencies taking a specimen under this section to preserve the
 3-4     specimen and maintain a record of the collection of the specimen.
 3-5     A law enforcement agency taking a specimen under this section may
 3-6     use any method to take the specimen approved by the director in the
 3-7     rule adopted under this subsection.  The rule adopted by the
 3-8     director must prohibit a law enforcement agency from taking a blood
 3-9     sample for the purpose of creating a DNA record under this section.
3-10     The agency may either send the specimen to the director or send to
3-11     the director an analysis of the sample performed at a laboratory
3-12     chosen by the agency and approved by the director.
3-13           (e)  Notwithstanding Subsection (d), on acquittal of a
3-14     defendant described by Subsection (a)(1) or (2) or dismissal of the
3-15     case against the defendant, the court shall order the law
3-16     enforcement agency taking the specimen to immediately destroy the
3-17     record of the collection of the specimen and require the department
3-18     to destroy the specimen and the record of its receipt.
3-19           (f)  A defendant who provides a specimen under this section
3-20     is not required to provide a specimen under Section 411.1472 or
3-21     provide a sample or specimen under Section 411.148 or 411.150
3-22     unless an attorney representing the state in the prosecution of
3-23     felony offenses establishes to the satisfaction of the director
3-24     that the interests of justice or public safety require that the
3-25     defendant provide additional samples or specimens.
3-26           Sec. 411.1472.  DNA RECORDS OF PERSONS PLACED ON COMMUNITY
 4-1     SUPERVISION FOR CERTAIN OFFENSES.  (a)  This section applies to a
 4-2     defendant placed on community supervision, including deferred
 4-3     adjudication community supervision, for an offense listed in
 4-4     Section 411.1471(a)(1).
 4-5           (b)  A court that grants deferred adjudication or places a
 4-6     defendant on community supervision shall at the time of entering
 4-7     the order or making the placement require the defendant to report
 4-8     to a law enforcement agency to provide one or more specimens for
 4-9     the purpose of creating a DNA record.
4-10           (c)  The director by rule shall require law enforcement
4-11     agencies taking a specimen under this section to preserve the
4-12     specimen and maintain a record of the collection of the specimen.
4-13     A law enforcement agency taking a specimen under this section may
4-14     use any method to take the specimen approved by the director in the
4-15     rule adopted under this subsection.  The rule adopted by the
4-16     director must prohibit a law enforcement agency from taking a blood
4-17     sample for the purpose of creating a DNA record under this section.
4-18     The agency may either send the specimen to the director or send to
4-19     the director an analysis of the sample performed at a laboratory
4-20     chosen by the agency and approved by the director.
4-21           (d)  A defendant who provides a specimen under this section
4-22     is not required to provide a sample or specimen under Section
4-23     411.148 or 411.150 unless an attorney representing the state in the
4-24     prosecution of felony offenses establishes to the satisfaction of
4-25     the director that the interests of justice or public safety require
4-26     that the defendant provide an additional sample or specimen.
 5-1           SECTION 3.  Section 411.153, Government Code, is amended to
 5-2     read as follows:
 5-3           Sec. 411.153.  CONFIDENTIALITY OF POSTCONFINEMENT DNA
 5-4     RECORDS.  (a)  A DNA record stored in the DNA database is
 5-5     confidential and is not subject to disclosure under the open
 5-6     records law, Chapter 552.
 5-7           (b)  A person commits an offense if the person knowingly
 5-8     discloses information in a DNA record or information related to a
 5-9     DNA analysis of a blood specimen taken under Section 411.148 or
5-10     411.150 except as authorized by this chapter.  An offense under
5-11     this subsection is a misdemeanor punishable by:
5-12                 (1)  a fine of not more than $1,000;
5-13                 (2)  confinement in the county jail for not more than
5-14     six months; or
5-15                 (3)  both the fine and confinement.
5-16           (c)  A violation under this section constitutes official
5-17     misconduct.
5-18           SECTION 4.  Subchapter G, Chapter 411, Government Code, is
5-19     amended by adding Sections 411.1531 and 411.1532 to read as
5-20     follows:
5-21           Sec. 411.1531.  SEGREGATION OF RECORDS.  The director by rule
5-22     shall segregate DNA records created under Sections 411.1471 and
5-23     411.1472 from records created under other provisions of this
5-24     chapter, except that if a DNA record of an individual would
5-25     otherwise be required to be created under Section 411.148 or
5-26     411.150, a record previously created for the individual under
 6-1     Section 411.1471 or 411.1472 fulfills that requirement and may be
 6-2     stored with records for other individuals created under Section
 6-3     411.148 or 411.150.
 6-4           Sec. 411.1532.  CONFIDENTIALITY OF PRECONFINEMENT DNA
 6-5     RECORDS.  (a)  A DNA record created under Section 411.1471 or
 6-6     411.1472 is confidential and is not subject to disclosure under the
 6-7     open records law, Chapter 552.
 6-8           (b)  A person commits an offense if the person knowingly
 6-9     discloses information in a DNA record or information related to a
6-10     DNA analysis of a specimen taken under Section 411.1471 or 411.1472
6-11     except as authorized by this chapter.  An offense under this
6-12     subsection is a felony of the third degree.
6-13           (c)  A violation under this section constitutes official
6-14     misconduct.
6-15           SECTION 5.  Chapter 17, Code of Criminal Procedure, is
6-16     amended by adding Article 17.47 to read as follows:
6-17           Art. 17.47.  CONDITIONS REQUIRING SUBMISSION OF SPECIMEN.  A
6-18     magistrate shall require as a condition of release of a defendant
6-19     described by Section 411.1471(a), Government Code, that the
6-20     defendant provide to a law enforcement agency one or more specimens
6-21     for the purpose of creating a DNA record.
6-22           SECTION 6.  Subchapter A, Chapter 102, Code of Criminal
6-23     Procedure, is amended by adding Article 102.020 to read as follows:
6-24           Art. 102.020.  COSTS ON CONVICTION FOR OFFENSES REQUIRING DNA
6-25     TESTING.  (a)  A person shall pay $250 as a court cost on
6-26     conviction of an offense listed in Section 411.1471(a)(1),
 7-1     Government Code, and $50 as a court cost on conviction of an
 7-2     offense listed in Section 411.1471(a)(3) of that code.
 7-3           (b)  The court shall assess and make a reasonable effort to
 7-4     collect the cost due under this article whether or not any other
 7-5     court cost is assessed or collected.
 7-6           (c)  For purposes of this article, a person is considered to
 7-7     have been convicted if:
 7-8                 (1)  a sentence is imposed; or
 7-9                 (2)  the defendant receives community supervision or
7-10     deferred adjudication.
7-11           (d)  Court costs under this article are collected in the same
7-12     manner as other fines or costs.  An officer collecting the costs
7-13     shall keep separate records of the funds collected as costs under
7-14     this article and shall deposit the funds in the county treasury.
7-15           (e)  The custodian of a county treasury shall:
7-16                 (1)  keep records of the amount of funds on deposit
7-17     collected under this article; and
7-18                 (2)  send to the comptroller before the last day of the
7-19     first month following each calendar quarter the funds collected
7-20     under this article during the preceding quarter.
7-21           (f)  A county may retain 10 percent of the funds collected
7-22     under this article by an officer of the county as a collection fee
7-23     if the custodian of the county treasury complies with Subsection
7-24     (e).
7-25           (g)  If no funds due as costs under this article are
7-26     deposited in a county treasury in a calendar quarter, the custodian
 8-1     of the treasury shall file the report required for the quarter in
 8-2     the regular manner and must state that no funds were collected.
 8-3           (h)  The comptroller shall deposit 35 percent of the funds
 8-4     received under this article in the state treasury to the credit of
 8-5     the state highway fund and 65 percent of the funds received under
 8-6     this article to the credit of the criminal justice planning account
 8-7     in the general revenue fund.
 8-8           (i)  Funds collected under this article are subject to audit
 8-9     by the comptroller.
8-10           SECTION 7.  Article 102.056, Code of Criminal Procedure, is
8-11     amended by adding Subsection (e) to read as follows:
8-12           (e)  The legislature shall determine and appropriate the
8-13     necessary amount from the criminal justice planning account to the
8-14     criminal justice division of the governor's office for
8-15     reimbursement in the form of grants to local law enforcement
8-16     agencies for expenses incurred in performing duties imposed on
8-17     those agencies under Sections 411.1471 and 411.1472, Government
8-18     Code.  On the first day after the end of a calendar quarter, a law
8-19     enforcement agency incurring expenses described by this subsection
8-20     in the previous calendar quarter shall send a certified statement
8-21     of the costs incurred to the criminal justice division.  The
8-22     criminal justice division through a grant shall reimburse the law
8-23     enforcement agency for the costs not later than the 30th day after
8-24     the date the certified statement is received.  If the criminal
8-25     justice division does not reimburse the law enforcement agency
8-26     before the 90th day after the date the certified statement is
 9-1     received, the agency is not required to perform duties imposed
 9-2     under Sections 411.1471 and 411.1472, Government Code, until the
 9-3     agency has been compensated for all costs for which the local law
 9-4     enforcement agency has submitted a certified statement under this
 9-5     subsection.
 9-6           SECTION 8.  The director of the Department of Public Safety
 9-7     of the State of Texas, not later than January 1, 2002, shall adopt
 9-8     rules relating to duties imposed on law enforcement agencies under
 9-9     Sections 411.1471 and 411.1472, Government Code, as added by this
9-10     Act.
9-11           SECTION 9.  Section 411.1471, Government Code, as added by
9-12     this Act, and Article 17.47, Code of Criminal Procedure, as added
9-13     by this Act, apply to a defendant arrested on or after February 1,
9-14     2002.  Section 411.1472, Government Code, as added by this Act,
9-15     applies to a defendant placed on deferred adjudication or community
9-16     supervision on or after February 1, 2002.
9-17           SECTION 10.  (a)  Article 102.020, Code of Criminal
9-18     Procedure, as added by this Act, and Section 411.1532, Government
9-19     Code, as added by this Act, apply only to an offense committed on
9-20     or after the effective date of this Act.  For purposes of this
9-21     section, an offense is committed before the effective date of this
9-22     Act if any element of the offense occurs before the effective date.
9-23           (b)  An offense committed before the effective date of this
9-24     Act is covered by the law in effect when the offense was committed,
9-25     and the former law is continued in effect for that purpose.
9-26           SECTION 11.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 638 passed the Senate on
         April 30, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 25, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 638 passed the House, with
         amendments, on May 23, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor