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.