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A BILL TO BE ENTITLED
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AN ACT
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relating to including in the computerized criminal history system |
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certain forensic DNA test results that indicate the person |
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committed another offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 60.051(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) In addition to the information described by Subsections |
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(a)-(f), information in the computerized criminal history system |
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must include: |
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(1) the age of the victim of the offense if the |
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defendant was arrested for or charged with an offense under: |
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(A) [(1)] Section 21.02 (Continuous sexual abuse |
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of young child or children), Penal Code; |
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(B) [(2)] Section 21.11 (Indecency with a |
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child), Penal Code; |
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(C) [(3)] Section 22.011 (Sexual assault) or |
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22.021 (Aggravated sexual assault), Penal Code; |
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(D) [(4)] Section 43.25 (Sexual performance by a |
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child), Penal Code; |
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(E) [(5)] Section 20.04(a)(4) (Aggravated |
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kidnapping), Penal Code, if the defendant committed the offense |
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with intent to violate or abuse the victim sexually; or |
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(F) [(6)] Section 30.02 (Burglary), Penal Code, |
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if the offense is punishable under Subsection (d) of that section |
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and the defendant committed the offense with intent to commit an |
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offense described by Paragraph (B), (C), or (E); and |
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(2) for a defendant who has been arrested for or |
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charged with any felony or misdemeanor offense, other than a |
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misdemeanor offense punishable by fine only: |
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(A) a summary of any forensic DNA test results |
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indicating a high likelihood that the defendant committed another |
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offense, regardless of whether the defendant has been or will be |
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arrested for or charged with that offense; and |
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(B) the offense code for that offense |
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[Subdivision (2), (3), or (5)]. |
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SECTION 2. Section 411.082(2), Government Code, is amended |
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to read as follows: |
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(2) "Criminal history record information" means |
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information collected about a person by a criminal justice agency |
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that consists of identifiable descriptions and notations of |
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arrests, detentions, indictments, informations, and other formal |
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criminal charges and their dispositions and, if required by Article |
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60.051(g)(2), Code of Criminal Procedure, information summarizing |
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any forensic DNA test results indicating a high likelihood that the |
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person committed another offense. The term does not include: |
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(A) identification information, including DNA or |
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fingerprint records, to the extent that the identification |
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information does not indicate involvement of the person in the |
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criminal justice system or, as described by this subdivision, the |
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commission of another offense; or |
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(B) driving record information maintained by the |
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department under Subchapter C, Chapter 521, Transportation Code. |
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SECTION 3. The change in law made by this Act in amending |
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Article 60.051(g), Code of Criminal Procedure, and Section |
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411.082(2), Government Code, applies only to the inclusion in the |
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computerized criminal history system, on or after the effective |
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date of this Act, of a summary of forensic DNA test results, |
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regardless of whether the test results were obtained before, on, or |
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after that date. An entry made in the computerized criminal history |
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system before the effective date of this Act is covered by the law |
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in effect on the date the entry was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |