TO: | Honorable Joe Driver, Chair, House Committee on Law Enforcement |
FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
IN RE: | HB1068 by Driver (Relating to the collection and analysis of evidence and testimony based on forensic analysis, crime laboratory accreditation, DNA testing, and the creation and maintenance of DNA records; providing a penalty.), Committee Report 1st House, Substituted |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2006 | $0 |
2007 | $0 |
2008 | $0 |
2009 | $0 |
2010 | $0 |
Fiscal Year | Probable Savings/(Cost) from STATE HIGHWAY FUND 6 |
Probable Revenue Gain/(Loss) from STATE HIGHWAY FUND 6 |
---|---|---|
2006 | ($3,494,950) | $2,329,267 |
2007 | ($2,081,650) | $7,127,556 |
2008 | ($2,140,900) | $7,270,107 |
2009 | ($2,200,150) | $7,415,509 |
2010 | ($2,263,350) | $7,563,819 |
The bill would amend the Code of Criminal Procedure as it relates to the collection and analysis of evidence and testimony based on forensic analysis, crime laboratory accreditation, and DNA testing, and the creation and maintenance of DNA records, and provides penalties.
Section 1 of the bill would allow certain persons or groups to request a forensic analysis by a crime laboratory of physical evidence, if the evidence was obtained in connection with the requesting entity’s investigation or disposition of a criminal action. The evidence subjected to a forensic analysis and expert testimony relating to the evidence would not be inadmissible in a criminal case based solely on the accreditation of the crime laboratory conducting the analysis if the laboratory would have been eligible except for making proper application or if the laboratory obtains accreditation from the director of the Department of Public Safety (director) before the time of testimony about the examination or test.
This section of the bill would also allow a law enforcement agency, prosecutor, or crime laboratory to petition a court or the Board of Pardons and Paroles to require, as a condition of community supervision or release on parole, a person to reimburse the agency for the reasonable cost of analysis, in connection with the underlying offense.
Section 2 of the bill would allow the director to modify or remove a crime laboratory exemption, if the director determines that the underlying reason for exemption no longer applies. Accordingly, the director may also exempt from the accreditation process, a crime laboratory conducting an analysis. The director would also be able to, at any reasonable time, enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation. The director could collect the cost for accrediting, inspecting, or auditing a crime lab. Funds collected would be deposited in the state treasury to the credit of the State Highway Fund and used only to defray the cost of administration of accreditations and maintaining a DNA database system.
Section 4 of the bill would allow the director to maintain a separate database containing a name or other personally identifying information cross-referenced and searchable by name, code, or other identifier. The bill would require a non-CODIS DNA database to be compatible, to the extent possible, with the national DNA index system to permit the useful exchange and storage of DNA records or information derived from those records.
Section 5 of the bill would allow a DNA database to also be used in the defense of a criminal case, in forensic validation studies, or to retest to validate or update the original analysis.
Section 7 of the bill would allow the director to collect a reasonable fee for DNA analysis of a DNA sample submitted voluntarily or for providing population statistics data or other appropriate research data. The fees collected would be deposited in the state treasury to the credit of the State Highway Fund and could be used only to defray the cost of administering accreditations.
Section 8 of the bill would restrict the director from accepting a DNA record or DNA sample collected from an individual who at the time of collection is alive, unless the director reasonably believes the sample was submitted voluntarily and the blood sample was collected in a medically approved manner. The director would be required to provide the collection kits, labels, report forms, instructions, and training for collection of DNA samples at no cost to the person.
Section 10 of the bill would require 1) individuals placed on community supervision or deferred adjudication following conviction for a felony, ordered by a magistrate or court, or confined in a penal institution operated by the Texas Department of Criminal Justice (TDCJ) or 2) juveniles adjudicated for conduct constituting a felony, confined in a facility operated by the Texas Youth Commission (TYC) or placed on deferred adjudication for conduct constituting a felony, to provide DNA samples. TDCJ and TYC would be required to collect a DNA sample during the initial examination or diagnotic process or at any other reasonable time.
Section 12 of the bill would allow a magistrate or court to order a suspect or a defendant (an individual who is the target of an evidentiary search warrant, or an individual released on any form of bail or bond after the arrest for a felony) to provide one or more DNA samples to a criminal justice agency for the purposes of creating a DNA record. A court would be required to order a defendant to submit a DNA sample for a felony offense if the individual is indicted, waives indictment, is placed on community supervision, or deferred adjudication. The bill would also require a magistrate or court to order an employee representing a law enforcement agency or a community supervision and corrections department to collect or cause to be collected one or more DNA samples as required or permitted. The magistrate or court would be required to forward collected DNA samples to the director. Unqualified persons would not be allowed to collect a blood sample. DNA samples would not be required of individuals who have already submitted acceptable samples.
Section 13 of the bill would provide certain exceptions to the allowable expunctions of a DNA record and would allow the director by rule to permit the administrative removal of erroneous records, samples or other information.
Section 17 of the bill would make it a third degree felony to knowingly fail or refuse to provide a DNA sample as required.
Section 20 of the bill would reduce the court cost to $140 from $250 for offenses requiring DNA testing. The bill would expand the group required to pay the court cost to 1) individuals placed on community supervision or deferred adjudication following conviction for a felony, ordered by a magistrate or court, or confined in a penal institution operated by the Texas Department of Criminal Justice and 2) juveniles after an adjudication for conduct constituting a felony, confined in a facility operated by Texas Youth Commission, or placed on community supervision or deferred adjudication. Payment of the court costs would be required as a condition of community supervision. The Comptroller of Public Accounts would be required to deposit fees collected in the state treasury to the credit of the State Highway Fund. Under current law, 35 percent of the proceeds are deposited to the State Highway Fund and 65 percent to the General Revenue Fund Account No. 0421 - Criminal Justice Planning.
Section 21 of the bill repeals Article 102.056(e), Code of Criminal Procedure, which requires the legislature to determine and appropriate the necessary amount from the criminal justice planning account to the criminal justice division of the Governor's office for reimbursement in the form of grants to local law enforcement agencies for expenses incurred in performing duties; and Sections 411.0206, 411.143(f), 411.1471, 411.1472, 411.1481, 411.1531, and 411.1532, Government Code, which relate to the regulation of DNA testing, laboratories, and records. The bill also repeals Subsection (f), Section 481.160, Health and Safety Code, which allows law enforcement agencies to be reimbursed for costs associated with an offense.
The bill would take effect September 1, 2005.
Under the provisions of the bill, a law enforcement agency, prosecutor, or crime lab may petition a court to require those placed on community supervision or parole to reimburse an agency for evidence analysis and storage. Revenues to these agencies would depend on the offenders’ ability to pay.
Costs to local law enforcement to create mandatory DNA records could be substantial. For Harris County, the cost impacts of the bill would be substantially felt in six areas: Sheriff's Department (acquiring, recording, and shipping DNA samples on a substantially larger number of suspects and offenders); District Attorney's Office; Criminal Courts; PreTrial Services; Community Supervision (acquiring and shipping substantially larger numbers of DNA samples); and the Medical Examiners Office (conducting considerably larger numbers of forensic and DNA analyses at the order of a court). Harris County costs could be increased by $2 million a year overall.
Source Agencies: | 304 Comptroller of Public Accounts, 405 Department of Public Safety, 696 Department of Criminal Justice
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LBB Staff: | JOB, KJG, VDS, LM, SJ
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