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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. The heading to Section 411.1471, Government |
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Code, is amended to read as follows: |
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Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR |
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CONVICTED OF CERTAIN OFFENSES [FELONIES]. |
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SECTION 2. Sections 411.1471(a) and (f), Government Code, |
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are amended to read as follows: |
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(a) This section applies to a defendant who is: |
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(1) indicted or waives indictment for a felony |
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prohibited or punishable under any of the following Penal Code |
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sections: |
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(A) Section 20.04(a)(4); |
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(B) Section 21.11; |
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(C) Section 22.011; |
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(D) Section 22.021; |
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(E) Section 25.02; |
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(F) Section 30.02(d); |
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(G) Section 43.05; |
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(H) Section 43.25; |
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(I) Section 43.26; or |
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(J) Section 21.02; |
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(2) arrested for any offense punishable as a Class B |
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misdemeanor or any higher category of offense [a felony described
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by Subdivision (1) after having been previously convicted of or
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placed on deferred adjudication for an offense described by
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Subdivision (1) or an offense punishable under Section 30.02(c)(2),
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Penal Code]; or |
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(3) convicted of or placed on deferred adjudication |
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for an offense under Section 21.07 or 21.08, Penal Code. |
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(f) A defendant who provides a DNA sample under this section |
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is not required to provide a DNA sample under Section 411.148 unless |
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an attorney representing the state [in the prosecution of felony
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offenses] establishes to the satisfaction of the director that the |
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interests of justice or public safety require that the defendant |
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provide additional samples. |
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SECTION 3. The change in law made by this Act applies only |
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to a person arrested for an offense committed on or after the |
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effective date of this Act. A person arrested for an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |