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  80R2080 BDH-D
 
  By: Leibowitz H.B. No. 339
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to requiring DNA records of persons who are arrested under
certain circumstances, who are indicted, or who waive indictment
for certain felonies.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 411.1471(a), Government Code, is amended
to read as follows:
       (a)  This section applies to a defendant who is:
             (1)  indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
                   (A)  Section 19.02;
                   (B)  Section 19.03;
                   (C)  Section 19.04;
                   (D) Section 20.04(a)(4);
                   (E) [(B)]  Section 21.11;
                   (F) [(C)]  Section 22.011;
                   (G) [(D)]  Section 22.021;
                   (H) [(E)]  Section 25.02;
                   (I) [(F)]  Section 30.02(d);
                   (J) [(G)]  Section 43.05;
                   (K) [(H)]  Section 43.25; or
                   (L) [(I)]  Section 43.26;
             (2)  arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
             (3)  convicted of an offense under Section 21.07 or
21.08, Penal Code.
       SECTION 2.  The change in law made by this Act applies only
to a defendant who is arrested or who is indicted or waives
indictment on or after the effective date of this Act. A defendant
who was arrested or who was indicted or waived indictment before the
effective date of this Act is governed by the law in effect at the
time the defendant was arrested, indicted, or waived indictment, as
applicable, and the former law is continued in effect for that
purpose.
       SECTION 3.  This Act takes effect September 1, 2007.