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A BILL TO BE ENTITLED
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AN ACT
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relating to a mandatory DNA record for individuals convicted of |
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certain offenses or adjudicated as having engaged in conduct |
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constituting the commission of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.141(3), Government Code, is amended |
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to read as follows: |
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(3) "Criminal justice agency" means: |
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(A) a federal or state agency that is engaged in |
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the administration of criminal justice under a statute or executive |
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order and that allocates a substantial part of its annual budget to |
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the administration of criminal justice; |
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(B) a secure correctional facility as defined by |
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Section 1.07, Penal Code; or |
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(C) a community supervision and corrections |
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department, parole office, or a local juvenile probation department |
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or parole office [has the meaning assigned by Article 60.01, Code of
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Criminal Procedure]. |
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SECTION 2. Section 411.148, Government Code, as reenacted |
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and amended by Chapters 1224 and 1245, Acts of the 79th Legislature, |
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Regular Session, 2005, is reenacted and further amended to read as |
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follows: |
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Sec. 411.148. MANDATORY DNA RECORD. (a) This section |
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applies to[:
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[(1)] an individual who is: |
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(1) [(A)] ordered by a magistrate or court to provide |
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a DNA sample under Section [411.150 or] 411.154 or other law; or |
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(2) convicted of a felony [(B) confined in a penal
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institution operated by or under contract with the Texas Department
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of Criminal Justice; or
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[(2) a juvenile who is, after an adjudication for
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conduct constituting a felony, confined in a facility operated by
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or under contract with the Texas Youth Commission]. |
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(b) This section does not apply to a juvenile who is ordered |
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by a juvenile court to provide a DNA sample under Section 411.150. |
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(c) [(b)] An individual described by Subsection (a) shall |
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provide one or more DNA samples for the purpose of creating a DNA |
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record. |
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(d) [(c)] A criminal justice agency shall collect a sample |
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ordered by a magistrate or court as provided by Subsection (a)(1) in |
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compliance with the order. |
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(e) During the diagnostic process or at another time |
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determined by the department, the [(d) If an individual described
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by Subsection (a)(1)(B) is received into custody by the] Texas |
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Department of Criminal Justice [, that department] shall collect |
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the sample from an [the] individual described by Subsection (a) who |
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is imprisoned in a penal institution operated by or under contract |
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with the department or who is under the supervision of the pardons |
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and paroles division of the Texas Department of Criminal Justice |
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[during the diagnostic process or at another time determined by the
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Texas Department of Criminal Justice]. If an individual described |
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by Subsection (a) is in the custody or under the supervision of |
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another criminal justice agency such as a community supervision and |
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corrections department, that agency shall collect the sample from |
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the individual at a time determined by the agency. |
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[(e) If an individual described by Subsection (a)(2) is
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received into custody by the Texas Youth Commission, the youth
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commission shall collect the sample from the individual during the
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initial examination or at another time determined by the youth
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commission.] |
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(f) If an individual described by Subsection (a) is due to |
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be released from a penal institution operated by or under contract |
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with the Texas Department of Criminal Justice, the [The] Texas |
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Department of Criminal Justice shall notify the director of the |
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individual's release [that an individual described by Subsection
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(a) is to be released from custody] not earlier than the 120th day |
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before the individual's release date and not later than the 90th day |
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before the individual's release date. [The Texas Youth Commission
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shall notify the director that an individual described by
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Subsection (a) is to be released from custody not earlier than the
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10th day before the individual's release date.] The Texas |
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Department of Criminal Justice [and the Texas Youth Commission], in |
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consultation with the director, shall determine the form of the |
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notification described by this subsection. |
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(g) A medical staff employee of a criminal justice agency |
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may collect a voluntary sample from an individual at any time. |
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(h) An employee of a criminal justice agency may use force |
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against an individual required to provide a DNA sample under this |
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section when and to the degree the employee reasonably believes the |
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force is immediately necessary to collect the sample. |
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(i) If [(1) The Texas Department of Criminal Justice as
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soon as practicable shall cause a sample to be collected from an
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individual described by Subsection (a)(1)(B) if:
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[(A) the individual is confined in another penal
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institution after sentencing and before admission to the
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department; and
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[(B) the department determines that the
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individual is likely to be released before being admitted to the
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department.
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[(2) The administrator of the other penal institution
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shall cooperate with the Texas Department of Criminal Justice as
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necessary to allow the Texas Department of Criminal Justice to
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perform its duties under this subsection.
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[(j)(1) The Texas Youth Commission as soon as practicable
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shall cause a sample to be collected from an individual described by
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Subsection (a)(2) if:
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[(A) the individual is detained in another
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juvenile detention facility after adjudication and before
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admission to the youth commission; and
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[(B) the youth commission determines the
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individual is likely to be released before being admitted to the
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youth commission.
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[(2) The administrator of the other juvenile detention
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facility shall cooperate with the Texas Youth Commission as
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necessary to allow the youth commission to perform its duties under
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this subsection.
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[(k)When] a criminal justice agency of this state agrees to |
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accept custody or supervision of an individual from another state |
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or jurisdiction under an interstate compact or a reciprocal |
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agreement with a local, county, state, or federal agency, the |
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acceptance is conditional on the individual providing a DNA sample |
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under this subchapter if the individual was convicted of a felony. |
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(j) [(l)] If, in consultation with the director, it is |
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determined that an acceptable sample has already been received from |
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an individual, additional samples are not required unless requested |
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by the director. |
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SECTION 3. Section 411.150, Government Code, is amended to |
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read as follows: |
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Sec. 411.150. DNA RECORDS OF CERTAIN JUVENILES. (a) A |
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juvenile to whom this section applies [who is committed to the Texas
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Youth Commission] shall provide one or more DNA [blood] samples or |
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other specimens [taken by or at the request of the commission] for |
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the purpose of creating a DNA record if the juvenile has not already |
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provided the required sample [specimen] under other state law or if |
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the director makes a request for the sample as described by |
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Subsection (h). If the juvenile is committed to or under the |
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supervision of the commission, the Texas Youth Commission shall |
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collect the sample during the initial examination or at another |
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time determined by the commission. If the juvenile is in the |
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custody or under the supervision of another criminal justice agency |
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such as a local juvenile probation department, that agency shall |
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collect the sample from the juvenile at a time determined by the |
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agency [and if the juvenile is ordered by a juvenile court to give
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the sample or specimen or is committed to the commission for an
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adjudication as having engaged in delinquent conduct that violates:
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[(1)an offense:
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[(A) under Section 19.02, Penal Code (murder), or
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Section 22.02, Penal Code (aggravated assault);
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[(B) under Section 30.02, Penal Code (burglary),
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if the offense is punishable under Subsection (c)(2) or (d) of that
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section; or
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[(C) for which the juvenile is required to
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register as a sex offender under Chapter 62, Code of Criminal
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Procedure; or
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[(2) a penal law if the juvenile has previously been
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convicted of or adjudicated as having engaged in:
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[(A) a violation of a penal law described in
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Subsection (a)(1); or
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[(B) a violation of a penal law under federal law
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or the laws of another state that involves the same conduct as a
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violation of a penal law described by Subsection (a)(1)]. |
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(b) This section applies to a juvenile who is: |
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(1) adjudicated as having engaged in conduct |
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constituting the commission of a felony; |
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(2) committed to the Texas Youth Commission and |
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ordered by a juvenile court to give a DNA sample; or |
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(3) committed to the Texas Youth Commission for an |
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adjudication as having engaged in delinquent conduct that violates |
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a misdemeanor penal law if in this state, in another state, or under |
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federal law the juvenile has previously been convicted of or |
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adjudicated as having engaged in conduct constituting the |
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commission of a felony. |
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[(b) The department, in conjunction with the Texas Youth
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Commission, shall adopt rules regarding the collection,
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preservation, and shipment of a blood sample or other specimen of a
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juvenile described by this section.] |
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(c) A criminal justice agency shall collect a sample ordered |
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by a juvenile court as provided by Subsection (b)(2) in compliance |
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with the order [The Texas Youth Commission shall:
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[(1) obtain blood samples or other specimens from
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juveniles under this section;
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[(2)preserve each sample or other specimen collected;
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[(3) maintain a record of the collection of the sample
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or specimen; and
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[(4) send the sample or specimen to the director for
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scientific analysis under this subchapter]. |
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(d) A medical staff employee of a criminal justice agency |
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[the Texas Youth Commission] may obtain a voluntary sample or |
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specimen from any juvenile. |
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(e) An employee of a criminal justice agency [the Texas
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Youth Commission] may use force against a juvenile required to |
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provide a sample under this section when and to the degree the |
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employee reasonably believes the force is immediately necessary to |
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obtain the sample or specimen. |
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(f) If a juvenile to whom this section applies is due to be |
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released from a facility operated by or under contract with the |
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commission, the Texas Youth Commission shall notify the director of |
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the juvenile's release not earlier than the 10th day before the |
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juvenile's release date. The Texas Youth Commission, in |
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consultation with the director, shall determine the form of the |
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notification described by this subsection. |
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(g) If a criminal justice agency of this state agrees to |
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accept custody or supervision of a juvenile from another state or |
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jurisdiction under an interstate compact or a reciprocal agreement |
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with a local, county, state, or federal agency, the acceptance is |
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conditional on the juvenile providing a DNA sample under this |
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subchapter if the juvenile was adjudicated as having engaged in |
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conduct constituting the commission of a felony. |
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(h) If, in consultation with the director, it is determined |
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that an acceptable sample has already been received from a |
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juvenile, additional samples are not required unless requested by |
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the director. |
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[(f) The Texas Youth Commission may contract with an
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individual or entity for the provision of phlebotomy services under
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this section.] |
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SECTION 4. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (i) to read as follows: |
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(i) A judge granting community supervision to a defendant |
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convicted of a felony shall require that the defendant, as a |
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condition of community supervision, provide a DNA sample under |
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Subchapter G, Chapter 411, Government Code, for the purpose of |
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creating a DNA record of the defendant, unless the defendant has |
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already submitted the required sample under other state law. |
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SECTION 5. Chapter 54, Family Code, is amended by adding |
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Section 54.0409 to read as follows: |
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Sec. 54.0409. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION. |
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If a court or jury makes a disposition under Section 54.04 in which |
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a child adjudicated as having engaged in conduct constituting the |
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commission of a felony is placed on probation, the court shall |
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require as a condition of probation that the child provide a DNA |
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sample under Subchapter G, Chapter 411, Government Code, for the |
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purpose of creating a DNA record of the child, unless the child has |
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already submitted the required sample under other state law. |
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SECTION 6. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.1861 to read as follows: |
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Sec. 508.1861. DNA SAMPLE REQUIRED ON FELONY CONVICTION. A |
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parole panel shall require as a condition of parole or mandatory |
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supervision that a releasee convicted of a felony provide a DNA |
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sample under Subchapter G, Chapter 411, for the purpose of creating |
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a DNA record of the releasee, unless the releasee has already |
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submitted the required sample under other state law. |
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SECTION 7. Subchapter F, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0814 to read as follows: |
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Sec. 61.0814. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION. |
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Before releasing a child adjudicated as having engaged in conduct |
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constituting the commission of a felony under supervision, the |
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commission shall require as a condition of release that the child |
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provide a DNA sample under Subchapter G, Chapter 411, Government |
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Code, for the purpose of creating a DNA record of the child, unless |
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the child has already submitted the required sample under other |
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state law. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies to an individual |
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who: |
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(1) before the effective date of this Act was not |
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otherwise required by state law to provide a DNA sample; and |
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(2) is convicted of committing an offense or is |
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adjudicated as having engaged in conduct constituting the |
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commission of an offense on or after the effective date of this Act. |
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(b) As required by Section 411.148, Government Code, as |
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amended by this Act: |
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(1) the Texas Department of Criminal Justice shall |
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collect a DNA sample from each individual who was convicted of an |
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offense before the effective date of this Act, from whom a DNA |
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sample was not required before the effective date of this Act, and |
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who on or after the effective date of this Act is: |
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(A) imprisoned in a penal institution operated by |
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or under contract with the Texas Department of Criminal Justice; or |
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(B) placed under the supervision of the pardons |
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and paroles division of the Texas Department of Criminal Justice; |
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and |
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(2) any other appropriate criminal justice agency |
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shall collect a DNA sample from an individual who was convicted of |
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an offense before the effective date of this Act, from whom a DNA |
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sample was not required before the effective date of this Act, and |
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who on or after the effective date of this Act is in the custody or |
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placed under the supervision of that agency. |
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(c) As required by Section 411.150, Government Code, as |
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amended by this Act: |
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(1) the Texas Youth Commission shall collect a DNA |
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sample from a juvenile who was adjudicated as having engaged in |
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conduct constituting the commission of an offense before the |
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effective date of this Act, from whom a DNA sample was not required |
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before the effective date of this Act, and who on or after the |
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effective date of this Act is committed to or placed under the |
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supervision of the Texas Youth Commission; and |
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(2) any other appropriate criminal justice agency |
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shall collect a DNA sample from a juvenile who was adjudicated as |
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having engaged in conduct constituting the commission of an offense |
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before the effective date of this Act, from whom a DNA sample was |
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not required before the effective date of this Act, and who on or |
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after the effective date of this Act is in the custody or placed |
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under the supervision of the agency. |
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SECTION 9. This Act takes effect September 1, 2007. |