| |
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A BILL TO BE ENTITLED
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|
AN ACT
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| |
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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. The heading to Article 102.020, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
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Art. 102.020. COSTS RELATED TO [ON CONVICTION FOR OFFENSES
|
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|
REQUIRING] DNA TESTING. |
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SECTION 2. Article 102.020, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a) and (h) and adding Subsection |
|
|
(h-1) to read as follows: |
|
|
(a) A person shall pay as a cost of court: |
|
|
(1) $250 [as a court cost] on conviction of an offense |
|
|
listed in Section 411.1471(a)(1), Government Code; |
|
|
(2) [, and] $50 [as a court cost] on conviction of an |
|
|
offense listed in Section 411.1471(a)(3) of that code; or |
|
|
(3) $34 on placement of the person on community |
|
|
supervision, including deferred adjudication community |
|
|
supervision, if the person is required to submit a DNA sample under |
|
|
Section 11(j), Article 42.12. |
|
|
(h) Except as provided by Subsection (h-1), the [The] |
|
|
comptroller shall deposit 35 percent of the funds received under |
|
|
this article in the state treasury to the credit of the state |
|
|
highway fund and 65 percent of the funds received under this article |
|
|
to the credit of the criminal justice planning account in the |
|
|
general revenue fund. |
|
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(h-1) The clerk of the court shall transfer to the |
|
|
comptroller any fees received under Subsection (a)(3). As |
|
|
appropriate, the comptroller shall apportion the fees among the |
|
|
funds of each entity required by law to take a DNA sample of the |
|
|
person. |
|
|
SECTION 3. Chapter 54, Family Code, is amended by adding |
|
|
Section 54.0409 to read as follows: |
|
|
Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY |
|
|
ADJUDICATIONS. (a) This section applies only to conduct |
|
|
constituting the commission of a felony: |
|
|
(A) that is listed in Section 3g(a)(1), Article |
|
|
42.12, Code of Criminal Procedure; or |
|
|
(B) for which it is shown that a deadly weapon, as |
|
|
defined by Section 1.07, Penal Code, was used or exhibited during |
|
|
the commission of the conduct or during immediate flight from the |
|
|
commission of the conduct. |
|
|
(b) If a court or jury makes a disposition under Section |
|
|
54.04 in which a child is adjudicated as having engaged in conduct |
|
|
constituting the commission of a felony to which this section |
|
|
applies and the child is placed on probation, the court shall |
|
|
require as a condition of probation that the child provide a DNA |
|
|
sample under Subchapter G, Chapter 411, Government Code, for the |
|
|
purpose of creating a DNA record of the child, unless the child has |
|
|
already submitted the required sample under other state law. |
|
|
SECTION 4. Chapter 54, Family Code, is amended by adding |
|
|
Section 54.0462 to read as follows: |
|
|
Sec. 54.0462. PAYMENT OF FEES FOR OFFENSES REQUIRING DNA |
|
|
TESTING. (a) If a child is adjudicated as having engaged in |
|
|
delinquent conduct that constitutes the commission of a felony and |
|
|
the provision of a DNA sample is required under Section 54.0409 or |
|
|
other law, the juvenile court shall order the child, parent, or |
|
|
other person responsible for the child's support to pay to the court |
|
|
as a cost of court: |
|
|
(1) a $50 fee if the disposition of the case includes a |
|
|
commitment to a facility operated by or under contract with the |
|
|
Texas Youth Commission; and |
|
|
(2) a $34 fee if the disposition of the case does not |
|
|
include a commitment described by Subdivision (1) and the child is |
|
|
required to submit a DNA sample under Section 54.0409 or other law. |
|
|
(b) The clerk of the court shall transfer to the comptroller |
|
|
any fees received under this section. As appropriate, the |
|
|
comptroller shall apportion the fees among the funds of each entity |
|
|
required by law to take a DNA sample of the child. |
|
|
(c) If the court finds that a child, parent, or other person |
|
|
responsible for the child's support is unable to pay the fee |
|
|
required under Subsection (a), the court shall enter into the |
|
|
child's case records a statement of that finding. The court may |
|
|
waive a fee under this section only if the court makes the finding |
|
|
under this subsection. |
|
|
SECTION 5. Subsection (a), Section 61.002, Family Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Subsection (b), this chapter |
|
|
applies to a proceeding to enter a juvenile court order: |
|
|
(1) for payment of probation fees under Section |
|
|
54.061; |
|
|
(2) for restitution under Sections 54.041(b) and |
|
|
54.048; |
|
|
(3) for payment of graffiti eradication fees under |
|
|
Section 54.0461; |
|
|
(4) for community service under Section 54.044(b); |
|
|
(5) for payment of costs of court under Section |
|
|
54.0411 or other provisions of law; |
|
|
(6) requiring the person to refrain from doing any act |
|
|
injurious to the welfare of the child under Section 54.041(a)(1); |
|
|
(7) enjoining contact between the person and the child |
|
|
who is the subject of a proceeding under Section 54.041(a)(2); |
|
|
(8) ordering a person living in the same household |
|
|
with the child to participate in counseling under Section |
|
|
54.041(a)(3); |
|
|
(9) requiring a parent or guardian of a child found to |
|
|
be truant to participate in an available program addressing truancy |
|
|
under Section 54.041(f); |
|
|
(10) requiring a parent or other eligible person to |
|
|
pay reasonable attorney's fees for representing the child under |
|
|
Section 51.10(e); |
|
|
(11) requiring the parent or other eligible person to |
|
|
reimburse the county for payments the county has made to an attorney |
|
|
appointed to represent the child under Section 51.10(j); |
|
|
(12) requiring payment of deferred prosecution |
|
|
supervision fees under Section 53.03(d); |
|
|
(13) requiring a parent or other eligible person to |
|
|
attend a court hearing under Section 51.115; |
|
|
(14) requiring a parent or other eligible person to |
|
|
act or refrain from acting to aid the child in complying with |
|
|
conditions of release from detention under Section 54.01(r); [or] |
|
|
(15) requiring a parent or other eligible person to |
|
|
act or refrain from acting under any law imposing an obligation of |
|
|
action or omission on a parent or other eligible person because of |
|
|
the parent's or person's relation to the child who is the subject of |
|
|
a proceeding under this title; or |
|
|
(16) for payment of fees under Section 54.0462. |
|
|
SECTION 6. Section 11, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsection (j) to read as follows: |
|
|
(j) A judge granting community supervision to a defendant |
|
|
convicted of a felony shall require that the defendant, as a |
|
|
condition of community supervision, provide a DNA sample under |
|
|
Subchapter G, Chapter 411, Government Code, for the purpose of |
|
|
creating a DNA record of the defendant, unless the defendant has |
|
|
already submitted the required sample under other state law. |
|
|
SECTION 7. (a) Section 102.021, Government Code, is |
|
|
amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th |
|
|
Legislature, Regular Session, 2007, and is further amended to read |
|
|
as follows: |
|
|
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
|
|
PROCEDURE. A person convicted of an offense shall pay the following |
|
|
under the Code of Criminal Procedure, in addition to all other |
|
|
costs: |
|
|
(1) court cost on conviction of any offense, other |
|
|
than a conviction of an offense relating to a pedestrian or the |
|
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal |
|
|
Procedure) . . . $4; |
|
|
(2) a fee for services of prosecutor (Art. 102.008, |
|
|
Code of Criminal Procedure) . . . $25; |
|
|
(3) fees for services of peace officer: |
|
|
(A) issuing a written notice to appear in court |
|
|
for certain violations (Art. 102.011, Code of Criminal Procedure) |
|
|
. . . $5; |
|
|
(B) executing or processing an issued arrest |
|
|
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of |
|
|
Criminal Procedure) . . . $50; |
|
|
(C) summoning a witness (Art. 102.011, Code of |
|
|
Criminal Procedure) . . . $5; |
|
|
(D) serving a writ not otherwise listed (Art. |
|
|
102.011, Code of Criminal Procedure) . . . $35; |
|
|
(E) taking and approving a bond and, if |
|
|
necessary, returning the bond to courthouse (Art. 102.011, Code of |
|
|
Criminal Procedure) . . . $10; |
|
|
(F) commitment or release (Art. 102.011, Code of |
|
|
Criminal Procedure) . . . $5; |
|
|
(G) summoning a jury (Art. 102.011, Code of |
|
|
Criminal Procedure) . . . $5; |
|
|
(H) attendance of a prisoner in habeas corpus |
|
|
case if prisoner has been remanded to custody or held to bail (Art. |
|
|
102.011, Code of Criminal Procedure) . . . $8 each day; |
|
|
(I) mileage for certain services performed (Art. |
|
|
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
|
|
(J) services of a sheriff or constable who serves |
|
|
process and attends examining trial in certain cases (Art. 102.011, |
|
|
Code of Criminal Procedure) . . . not to exceed $5; |
|
|
(4) services of a peace officer in conveying a witness |
|
|
outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
|
|
$10 per day or part of a day, plus actual necessary travel expenses; |
|
|
(5) overtime of peace officer for time spent |
|
|
testifying in the trial or traveling to or from testifying in the |
|
|
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
|
|
(6) court costs on an offense relating to rules of the |
|
|
road, when offense occurs within a school crossing zone (Art. |
|
|
102.014, Code of Criminal Procedure) . . . $25; |
|
|
(7) court costs on an offense of passing a school bus |
|
|
(Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
|
(8) court costs on an offense of truancy or |
|
|
contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
|
|
. . . $20; |
|
|
(9) cost for visual recording of intoxication arrest |
|
|
before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
|
|
$15; |
|
|
(10) cost of certain evaluations (Art. 102.018, Code |
|
|
of Criminal Procedure) . . . actual cost; |
|
|
(11) additional costs attendant to certain |
|
|
intoxication convictions under Chapter 49, Penal Code, for |
|
|
emergency medical services, trauma facilities, and trauma care |
|
|
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
|
|
(12) additional costs attendant to certain child |
|
|
sexual assault and related convictions, for child abuse prevention |
|
|
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
|
|
(13) court cost for DNA testing for certain felonies |
|
|
(Art. 102.020(a)(1) [102.020], Code of Criminal Procedure) . . . |
|
|
$250; |
|
|
(14) court cost for DNA testing for the [on an] offense |
|
|
of public lewdness or indecent exposure (Art. 102.020(a)(2) |
|
|
[102.020], Code of Criminal Procedure) . . . $50; |
|
|
(15) court cost for DNA testing for certain felonies |
|
|
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
|
|
(16) if required by the court, a restitution fee for |
|
|
costs incurred in collecting restitution installments and for the |
|
|
compensation to victims of crime fund (Art. 42.037, Code of |
|
|
Criminal Procedure) . . . $12; [and] |
|
|
(17) [(16)] if directed by the justice of the peace or |
|
|
municipal court judge hearing the case, court costs on conviction |
|
|
in a criminal action (Art. 45.041, Code of Criminal Procedure) |
|
|
. . . part or all of the costs as directed by the judge; and |
|
|
(18) costs attendant to convictions under Chapter 49, |
|
|
Penal Code, and under Chapter 481, Health and Safety Code, to help |
|
|
fund drug court programs established under Chapter 469, Health and |
|
|
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50. |
|
|
(b) Section 102.0215, Government Code, is repealed. |
|
|
SECTION 8. Section 103.0212, Government Code, is amended to |
|
|
conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151), Acts of |
|
|
the 80th Legislature, Regular Session, 2007, and is further amended |
|
|
to read as follows: |
|
|
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
|
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
|
|
civil suit, as applicable, shall pay the following fees and costs |
|
|
under the Family Code if ordered by the court or otherwise required: |
|
|
(1) in family matters: |
|
|
(A) issuing writ of withholding (Sec. 8.262, |
|
|
Family Code) . . . $15; |
|
|
(B) filing copy of writ of withholding to |
|
|
subsequent employer (Sec. 8.267, Family Code) . . . $15; |
|
|
(C) issuing and delivering modified writ of |
|
|
withholding or notice of termination (Sec. 8.302, Family Code) |
|
|
. . . $15; |
|
|
(D) issuing and delivering notice of termination |
|
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
|
(E) issuance of change of name certificate (Sec. |
|
|
45.106, Family Code) . . . $10; |
|
|
(F) protective order fee (Sec. 81.003, Family |
|
|
Code) . . . $16; |
|
|
(G) filing suit requesting adoption of child |
|
|
(Sec. 108.006, Family Code) . . . $15; |
|
|
(H) filing fees for suits affecting parent-child |
|
|
relationship (Sec. 110.002, Family Code): |
|
|
(i) suit or motion for modification (Sec. |
|
|
110.002, Family Code) . . . $15; |
|
|
(ii) motion for enforcement (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(iii) notice of application for judicial |
|
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
|
(iv) motion to transfer (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(v) petition for license suspension (Sec. |
|
|
110.002, Family Code) . . . $15; |
|
|
(vi) motion to revoke a stay of license |
|
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
|
(vii) motion for contempt (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(I) order or writ of income withholding to be |
|
|
delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
|
exceed $15; |
|
|
(J) filing fee for transferred case (Sec. |
|
|
110.005, Family Code) . . . $45; |
|
|
(K) filing a writ of withholding (Sec. 158.319, |
|
|
Family Code) . . . $15; |
|
|
(L) filing a request for modified writ of |
|
|
withholding or notice of termination (Sec. 158.403, Family Code) |
|
|
. . . not to exceed $15; |
|
|
(M) filing an administrative writ to employer |
|
|
(Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
|
(N) genetic testing fees in relation to a child |
|
|
born to a gestational mother (Sec. 160.762, Family Code) . . . as |
|
|
assessed by the court; and |
|
|
(2) in juvenile court: |
|
|
(A) fee schedule for deferred prosecution |
|
|
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
|
|
(B) a request fee for a teen court program |
|
|
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the |
|
|
court ordering the fee is located in the Texas-Louisiana border |
|
|
region, but otherwise not to exceed $10; |
|
|
(C) court costs for juvenile probation diversion |
|
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
|
(D) a juvenile delinquency prevention fee (Sec. |
|
|
54.0461, Family Code) . . . $50 [$5]; [and] |
|
|
(E) a court fee for child's probationary period |
|
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; |
|
|
(F) a fee to cover costs of required duties of |
|
|
teen court (Sec. 54.032, Family Code) . . . $20, if the court |
|
|
ordering the fee is located in the Texas-Louisiana border region, |
|
|
but otherwise not to exceed $10; |
|
|
(G) a fee for DNA testing on commitment to |
|
|
certain facilities (Sec. 54.0462, Family Code) . . . $50; and |
|
|
(H) a fee for DNA testing after placement on |
|
|
probation or as otherwise required by law (Sec. 54.0462, Family |
|
|
Code) . . . $34. |
|
|
SECTION 9. Subdivision (3), Section 411.141, Government |
|
|
Code, is amended to read as follows: |
|
|
(3) "Criminal justice agency" means: |
|
|
(A) a federal or state agency that is engaged in |
|
|
the administration of criminal justice under a statute or executive |
|
|
order and that allocates a substantial part of its annual budget to |
|
|
the administration of criminal justice; |
|
|
(B) a secure correctional facility as defined by |
|
|
Section 1.07, Penal Code; or |
|
|
(C) a community supervision and corrections |
|
|
department, a parole office, or a local juvenile probation |
|
|
department or parole office [has the meaning assigned by Article
|
|
|
60.01, Code of Criminal Procedure]. |
|
|
SECTION 10. Subsections (a), (d), (f-1), (j), and (k), |
|
|
Section 411.148, Government Code, are amended to read as follows: |
|
|
(a) This section applies to: |
|
|
(1) an individual, other than a juvenile, who is: |
|
|
(A) ordered by a magistrate or court to provide a |
|
|
DNA sample under Section 411.154 or other law, including as part of |
|
|
an order granting community supervision to the individual; or |
|
|
(B) confined in a penal institution operated by |
|
|
or under contract with the Texas Department of Criminal Justice; or |
|
|
(2) a juvenile who [is], following [after] an |
|
|
adjudication for conduct constituting a felony, is: |
|
|
(A) confined in a facility operated by or under |
|
|
contract with the Texas Youth Commission; or |
|
|
(B) placed on probation, if the conduct |
|
|
constitutes a felony described by Section 54.0409, Family Code. |
|
|
(d) If an individual described by Subsection (a)(1)(B) is |
|
|
received into custody by the Texas Department of Criminal Justice, |
|
|
that department shall collect the sample from the individual during |
|
|
the diagnostic process or at another time determined by the Texas |
|
|
Department of Criminal Justice. If an individual described by |
|
|
Subsection (a)(2)(A) is received into custody by the Texas Youth |
|
|
Commission, the youth commission shall collect the sample from the |
|
|
individual during the initial examination or at another time |
|
|
determined by the youth commission. If an individual who is |
|
|
required under this section or other law to provide a DNA sample is |
|
|
in the custody or under the supervision of another criminal justice |
|
|
agency, such as a community supervision and corrections department, |
|
|
a parole office, or a local juvenile probation department or parole |
|
|
office, that agency shall collect the sample from the individual at |
|
|
a time determined by the agency. |
|
|
(f-1) The Texas Youth Commission shall notify the director |
|
|
that an individual described by Subsection (a)(2)(A) [(a)(2)] is to |
|
|
be released from custody not earlier than the 120th day before the |
|
|
individual's release date. |
|
|
(j)(1) The Texas Youth Commission as soon as practicable |
|
|
shall cause a sample to be collected from an individual described by |
|
|
Subsection (a)(2)(A) [(a)(2)] if: |
|
|
(A) the individual is detained in another |
|
|
juvenile detention facility after adjudication and before |
|
|
admission to the youth commission; and |
|
|
(B) the youth commission determines the |
|
|
individual is likely to be released before being admitted to the |
|
|
youth commission. |
|
|
(2) The administrator of the other juvenile detention |
|
|
facility shall cooperate with the Texas Youth Commission as |
|
|
necessary to allow the youth commission to perform its duties under |
|
|
this subsection. |
|
|
(k) When a criminal justice agency of this state agrees to |
|
|
accept custody or supervision of an individual from another state |
|
|
or jurisdiction under an interstate compact or a reciprocal |
|
|
agreement with a local, county, state, or federal agency, the |
|
|
acceptance is conditional on the individual providing a DNA sample |
|
|
under this subchapter if the individual was convicted of or |
|
|
adjudicated as having engaged in conduct constituting a felony and |
|
|
is otherwise required to provide a DNA sample under this section. |
|
|
SECTION 11. Subsection (e), Section 411.148, Government |
|
|
Code, is repealed. |
|
|
SECTION 12. (a) The changes in law made by this Act in |
|
|
adding Subsection (j), Section 11, Article 42.12, Code of Criminal |
|
|
Procedure, and Section 54.0409, Family Code, apply only to a person |
|
|
who is granted community supervision or placed on juvenile |
|
|
probation on or after the effective date of this Act. |
|
|
(b) The changes in law made by this Act in amending Article |
|
|
102.020, Code of Criminal Procedure, and adding Section 54.0462, |
|
|
Family Code, apply only to an offense committed or conduct engaged |
|
|
in on or after the effective date of this Act. An offense committed |
|
|
or conduct engaged in before the effective date of this Act is |
|
|
covered by the law in effect at the time the offense was committed |
|
|
or the conduct was engaged in, and the former law is continued in |
|
|
effect for that purpose. For purposes of this section, an offense |
|
|
was committed or conduct was engaged in before the effective date of |
|
|
this Act if any element of the offense or conduct occurred before |
|
|
that date. |
|
|
SECTION 13. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 81st Legislature, Regular Session, 2009, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
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SECTION 14. This Act takes effect September 1, 2009. |
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