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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of DNA records for the DNA database system. |
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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, a parole office, or a local juvenile probation |
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department or parole office [has the meaning assigned by Article
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60.01, Code of Criminal Procedure]. |
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SECTION 2. Sections 411.148(a), (d), (f-1), (j), and (k), |
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Government Code, are amended to read as follows: |
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(a) This section applies to: |
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(1) an individual, other than a juvenile, who is: |
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(A) ordered by a magistrate or court to provide a |
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DNA sample under Section 411.154 or other law, including as part of |
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an order granting community supervision to the individual; or |
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(B) confined 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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(2) a juvenile who [is], following [after] an |
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adjudication for conduct constituting a felony, is: |
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(A) confined in a facility operated by or under |
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contract with the Texas Youth Commission; or |
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(B) placed on probation. |
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(d) If an individual described by Subsection (a)(1)(B) is |
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received into custody by the Texas Department of Criminal Justice, |
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that department shall collect the sample from the individual during |
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the diagnostic process or at another time determined by the Texas |
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Department of Criminal Justice. If an individual described by |
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Subsection (a)(2)(A) is received into custody by the Texas Youth |
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Commission, the youth commission shall collect the sample from the |
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individual during the initial examination or at another time |
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determined by the youth commission. If an individual who is |
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required under this section or other law to provide a DNA sample is |
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in the custody or under the supervision of another criminal justice |
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agency, such as a community supervision and corrections department, |
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a parole office, or a local juvenile probation department or parole |
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office, that agency shall collect the sample from the individual at |
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a time determined by the agency. |
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(f-1) The Texas Youth Commission shall notify the director |
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that an individual described by Subsection (a)(2)(A) [(a)(2)] is to |
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be released from custody not earlier than the 120th day before the |
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individual's release date and not later than the 90th day before the |
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individual's release date. |
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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)(A) [(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 or |
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adjudicated as having engaged in conduct constituting a felony. |
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SECTION 3. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (j) to read as follows: |
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(j) 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 4. 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 is adjudicated as having engaged in conduct constituting |
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the commission of a felony and is placed on probation, the court |
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shall require as a condition of probation that the child provide a |
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DNA sample under Subchapter G, Chapter 411, Government Code, for |
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the purpose of creating a DNA record of the child, unless the child |
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has already submitted the required sample under other state law. |
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SECTION 5. Section 411.148(e), Government Code, is |
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repealed. |
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SECTION 6. The changes in law made by this Act in adding |
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Section 11(j), Article 42.12, Code of Criminal Procedure, and |
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Section 54.0409, Family Code, apply only to a person who is granted |
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community supervision or placed on juvenile probation on or after |
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the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2009. |