By Barrientos S.B. No. 638 77R2583 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the taking of a blood sample or other specimen from a 1-3 person arrested for certain felonies for the purposes of DNA 1-4 analysis. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter G, Chapter 411, Government Code, is 1-7 amended by adding Sections 411.1471 and 411.1472 to read as 1-8 follows: 1-9 Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH CERTAIN 1-10 FELONIES. (a) This section applies to a defendant arrested for a 1-11 felony prohibited or punishable under any of the following Penal 1-12 Code sections: 1-13 (1) Section 20.04(a)(4); 1-14 (2) Section 21.11; 1-15 (3) Section 22.011; 1-16 (4) Section 22.021; 1-17 (5) Section 25.02; 1-18 (6) Section 30.02(d); 1-19 (7) Section 43.05; 1-20 (8) Section 43.25; or 1-21 (9) Section 43.26. 1-22 (b) A law enforcement agency arresting a defendant for an 1-23 offense described by Subsection (a), immediately after 1-24 fingerprinting the defendant and at the same location as the 2-1 fingerprinting occurs, shall require the defendant to provide one 2-2 or more blood samples or other specimen for the purpose of creating 2-3 a DNA record. 2-4 (c) The director by rule shall require law enforcement 2-5 agencies taking a sample or specimen under this section to preserve 2-6 the sample or specimen, maintain a record of the collection of the 2-7 sample or specimen, and send the sample or specimen to the director 2-8 for scientific analysis under this subchapter in the same manner as 2-9 is required of the Texas Department of Criminal Justice under 2-10 Section 411.148. 2-11 (d) A defendant who provides a sample or specimen under this 2-12 section is not required to provide a specimen under Section 2-13 411.1472, 411.148, or 411.150 unless an attorney representing the 2-14 state in the prosecution of felony offenses establishes to the 2-15 satisfaction of the director that the interests of justice or 2-16 public safety require that the defendant provide additional samples 2-17 or specimens. 2-18 Sec. 411.1472. DNA RECORDS OF PERSONS PLACED ON COMMUNITY 2-19 SUPERVISION FOR CERTAIN OFFENSES. (a) This section applies to a 2-20 defendant placed on community supervision, including deferred 2-21 adjudication community supervision, for an offense listed in 2-22 Section 411.148(a)(1). 2-23 (b) A court that grants deferred adjudication or places a 2-24 defendant on community supervision shall at the time of entering 2-25 the order or making the placement require the defendant to report 2-26 to a law enforcement agency to provide one or more blood samples or 2-27 other specimens for the purpose of creating a DNA record. 3-1 (c) The director by rule shall require law enforcement 3-2 agencies taking a sample or specimen under this section to preserve 3-3 the sample or specimen, maintain a record of the collection of the 3-4 sample or specimen, and send the sample or specimen to the director 3-5 for scientific analysis under this subchapter in the same manner as 3-6 is required of the Texas Department of Criminal Justice under 3-7 Section 411.148. 3-8 (d) A defendant who provides a sample or specimen under this 3-9 section is not required to provide a specimen under Section 411.148 3-10 or 411.150 unless an attorney representing the state in the 3-11 prosecution of felony offenses establishes to the satisfaction of 3-12 the director that the interests of justice or public safety require 3-13 that the defendant provide an additional sample or specimen. 3-14 SECTION 2. Subchapter A, Chapter 102, Code of Criminal 3-15 Procedure, is amended by adding Article 102.020 to read as follows: 3-16 Art. 102.020. COSTS ON CONVICTION FOR OFFENSES REQUIRING DNA 3-17 TESTING. (a) A person shall pay $250 as a court cost on conviction 3-18 of an offense listed in Section 411.148(a)(1), Government Code. 3-19 (b) The court shall assess and make a reasonable effort to 3-20 collect the cost due under this article whether or not any other 3-21 court cost is assessed or collected. 3-22 (c) For purposes of this article, a person is considered to 3-23 have been convicted if: 3-24 (1) a sentence is imposed; or 3-25 (2) the defendant receives community supervision or 3-26 deferred adjudication. 3-27 (d) Court costs under this article are collected in the same 4-1 manner as other fines or costs. An officer collecting the costs 4-2 shall keep separate records of the funds collected as costs under 4-3 this article and shall deposit the funds in the county treasury. 4-4 (e) The custodian of a county treasury shall: 4-5 (1) keep records of the amount of funds on deposit 4-6 collected under this article; and 4-7 (2) send to the comptroller before the last day of the 4-8 first month following each calendar quarter the funds collected 4-9 under this article during the preceding quarter. 4-10 (f) A county may retain 10 percent of the funds collected 4-11 under this article by an officer of the county as a collection fee 4-12 if the custodian of the county treasury complies with Subsection 4-13 (e). 4-14 (g) If no funds due as costs under this article are 4-15 deposited in a county treasury in a calendar quarter, the custodian 4-16 of the treasury shall file the report required for the quarter in 4-17 the regular manner and must state that no funds were collected. 4-18 (h) The comptroller shall deposit the funds received under 4-19 this article to the credit of the criminal justice planning account 4-20 in the general revenue fund. 4-21 (i) Funds collected under this article are subject to audit 4-22 by the comptroller. 4-23 SECTION 3. Article 102.056, Code of Criminal Procedure, is 4-24 amended by adding Subsection (e) to read as follows: 4-25 (e) The legislature shall determine and appropriate the 4-26 necessary amount from the criminal justice planning account to the 4-27 criminal justice division of the governor's office for grants to 5-1 local law enforcement agencies performing duties imposed on those 5-2 agencies under Sections 411.1471 and 411.1472, Government Code. 5-3 SECTION 4. The director of the Department of Public Safety, 5-4 not later than January 1, 2002, shall adopt rules relating to 5-5 duties imposed on law enforcement agencies under Sections 411.1471 5-6 and 411.1472, Government Code, as added by this Act. 5-7 SECTION 5. Section 411.1471, Government Code, as added by 5-8 this Act, applies to a defendant arrested on or after February 1, 5-9 2002. Section 411.1472, Government Code, as added by this Act, 5-10 applies to a defendant placed on deferred adjudication or community 5-11 supervision on or after February 1, 2002. 5-12 SECTION 6. (a) Article 102.020, Code of Criminal Procedure, 5-13 as added by this Act, applies only to an offense committed on or 5-14 after the effective date of this Act. For purposes of this 5-15 section, an offense is committed before the effective date of this 5-16 Act if any element of the offense occurs before the effective date. 5-17 (b) An offense committed before the effective date of this 5-18 Act is covered by the law in effect when the offense was committed, 5-19 and the former law is continued in effect for that purpose. 5-20 SECTION 7. This Act takes effect September 1, 2001.