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