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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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and to an offense involving the release of a DNA sample to an |
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unauthorized recipient. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.0409(b), Family Code, is amended to |
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read as follows: |
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(b) Unless the child has already submitted a required sample |
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under other state law [If a court or jury makes a disposition under
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Section 54.04 in which a child is adjudicated as having engaged in
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conduct constituting the commission of a felony to which this
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section applies and the child is placed on probation], the court |
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shall require as a condition of deferred prosecution or probation, |
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as appropriate, that a [the] child 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 child if: |
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(1) the child is placed on deferred prosecution after |
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a petition is filed alleging that the child engaged in conduct |
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constituting the commission of a felony to which this section |
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applies; or |
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(2) the child is placed on probation after a |
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disposition under Section 54.04 by the court or a jury in which the |
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child is adjudicated as having engaged in conduct constituting the |
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commission of a felony to which this section applies [, unless the
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child has already submitted the required sample under other state
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law]. |
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SECTION 2. Section 54.0462(a), Family Code, is amended to |
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read as follows: |
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(a) If a child is alleged to have engaged in or adjudicated |
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as having engaged in delinquent conduct that constitutes the |
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commission of a felony and if the provision of a DNA sample is |
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required under Section 54.0409 or other law in relation to that |
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conduct, the juvenile court shall order the child, parent, or other |
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person responsible for the child's support to pay to the court as a |
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cost of court: |
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(1) a $50 fee if the disposition of the case includes a |
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commitment to a facility operated by or under contract with the |
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Texas Youth Commission; and |
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(2) a $34 fee if the disposition of the case does not |
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include a commitment described by Subdivision (1) but does include |
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placement of the child on probation or deferred prosecution [and
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the child is required to submit a DNA sample under Section 54.0409
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or other law]. |
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SECTION 3. Section 103.0212, Government Code, is amended to |
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read as follows: |
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Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
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civil suit, as applicable, shall pay the following fees and costs |
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under the Family Code if ordered by the court or otherwise required: |
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(1) in family matters: |
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(A) issuing writ of withholding (Sec. 8.262, |
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Family Code) . . . $15; |
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(B) filing copy of writ of withholding to |
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subsequent employer (Sec. 8.267, Family Code) . . . $15; |
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(C) issuing and delivering modified writ of |
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withholding or notice of termination (Sec. 8.302, Family Code) |
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. . . $15; |
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(D) issuing and delivering notice of termination |
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of withholding (Sec. 8.303, Family Code) . . . $15; |
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(E) issuance of change of name certificate (Sec. |
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45.106, Family Code) . . . $10; |
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(F) protective order fee (Sec. 81.003, Family |
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Code) . . . $16; |
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(G) filing suit requesting adoption of child |
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(Sec. 108.006, Family Code) . . . $15; |
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(H) filing fees for suits affecting parent-child |
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relationship (Sec. 110.002, Family Code): |
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(i) suit or motion for modification (Sec. |
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110.002, Family Code) . . . $15; |
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(ii) motion for enforcement (Sec. 110.002, |
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Family Code) . . . $15; |
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(iii) notice of application for judicial |
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writ of withholding (Sec. 110.002, Family Code) . . . $15; |
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(iv) motion to transfer (Sec. 110.002, |
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Family Code) . . . $15; |
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(v) petition for license suspension (Sec. |
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110.002, Family Code) . . . $15; |
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(vi) motion to revoke a stay of license |
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suspension (Sec. 110.002, Family Code) . . . $15; and |
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(vii) motion for contempt (Sec. 110.002, |
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Family Code) . . . $15; |
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(I) order or writ of income withholding to be |
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delivered to employer (Sec. 110.004, Family Code) . . . not to |
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exceed $15; |
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(J) filing fee for transferred case (Sec. |
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110.005, Family Code) . . . $45; |
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(K) filing a writ of withholding (Sec. 158.319, |
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Family Code) . . . $15; |
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(L) filing a request for modified writ of |
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withholding or notice of termination (Sec. 158.403, Family Code) |
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. . . not to exceed $15; |
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(M) filing an administrative writ to employer |
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(Sec. 158.503, Family Code) . . . not to exceed $15; and |
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(N) genetic testing fees in relation to a child |
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born to a gestational mother (Sec. 160.762, Family Code) . . . as |
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assessed by the court; and |
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(2) in juvenile court: |
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(A) fee schedule for deferred prosecution |
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services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
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(B) a request fee for a teen court program (Sec. |
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54.032, Family Code) . . . $20, if the court ordering the fee is |
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located in the Texas-Louisiana border region, but otherwise not to |
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exceed $10; |
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(C) court costs for juvenile probation diversion |
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fund (Sec. 54.0411, Family Code) . . . $20; |
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(D) a juvenile delinquency prevention fee (Sec. |
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54.0461, Family Code) . . . $50; |
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(E) a court fee for child's probationary period |
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(Sec. 54.061, Family Code) . . . not to exceed $15 a month; |
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(F) a fee to cover costs of required duties of |
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teen court (Sec. 54.032, Family Code) . . . $20, if the court |
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ordering the fee is located in the Texas-Louisiana border region, |
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but otherwise not to exceed $10; |
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(G) a fee for DNA testing on commitment to |
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certain facilities (Sec. 54.0462, Family Code) . . . $50; and |
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(H) a fee for DNA testing after placement on |
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probation or deferred prosecution or as otherwise required by law |
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(Sec. 54.0462, Family Code) . . . $34. |
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SECTION 4. Section 411.142, Government Code, is amended by |
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amending Subsections (c) and (e) and adding Subsections (e-1) and |
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(e-2) to read as follows: |
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(c) The director may receive, analyze, store, and destroy a |
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DNA record or DNA sample for the purposes described by Section |
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411.143. |
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(e) The director, with advice from the Department of |
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Information Resources, shall develop biennial plans to: |
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(1) improve the reporting and accuracy of the DNA |
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database; [and] |
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(2) develop and maintain a monitoring system capable |
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of identifying inaccurate or incomplete information; and |
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(3) develop and maintain a computerized system to |
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minimize duplicate sample collection and testing. |
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(e-1) For the purpose of verifying whether a DNA sample has |
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previously been collected from any person, the department may make |
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information regarding the sample available, by secure electronic |
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means, to: |
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(1) local, state, and federal law enforcement |
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agencies; and |
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(2) the Texas Department of Criminal Justice, the |
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Texas Youth Commission, and other correctional facilities, as |
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defined by Section 1.07, Penal Code. |
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(e-2) Information provided by the department under |
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Subsection (e-1) may not include any test results associated with a |
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DNA sample. |
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SECTION 5. Section 411.143, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) Regardless of the purpose for obtaining the |
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information, information in the DNA database that relates to a DNA |
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sample collected under Section 411.1471 or 411.148 may not be |
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analyzed for human physical traits, predisposition for disease, or |
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any other health-related purpose. |
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SECTION 6. 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 7. 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 8. Section 411.148(a), Government Code, is amended |
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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[, following an adjudication for
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conduct constituting a felony,] is: |
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(A) following an adjudication for conduct |
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constituting any felony, confined in a facility operated by or |
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under contract with the Texas Youth Commission; [or] |
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(B) placed on probation following an |
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adjudication for[, if the] conduct constituting [constitutes] a |
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felony described by Section 54.0409, Family Code; or |
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(C) placed on deferred prosecution after a |
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petition is filed alleging that the juvenile engaged in conduct |
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constituting a felony described by Section 54.0409, Family Code. |
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SECTION 9. Section 411.151, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) The director shall expunge a DNA record of an individual |
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from a DNA database, including the destruction of the associated |
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DNA sample, if the person: |
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(1) notifies the director in writing that the DNA |
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record has been ordered to be expunged under this section or Chapter |
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55, Code of Criminal Procedure, and provides the director with a |
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certified copy of the court order that expunges the DNA record; or |
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(2) provides the director with: |
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(A) a certified copy of a court order issued |
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under Section 58.003, Family Code, that seals the juvenile record |
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of the adjudication that resulted in the DNA record; |
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(B) a certified copy of the judgment in the case |
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showing an acquittal, an entry of nolle prosequi, or a discharge and |
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dismissal after the successful completion of a pretrial diversion |
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program or the successful completion of a period of deferred |
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adjudication community supervision; or |
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(C) if the DNA sample was collected in relation |
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to the arrest of the person, a sworn affidavit stating that no |
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charges arising from the arrest have been filed before the first |
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anniversary of the date of the person's arrest. |
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(e) When a person's DNA sample and DNA record are expunged |
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from the DNA database under this subchapter, the director or the |
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director's designee shall ensure that the person's DNA sample and |
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DNA record are also expunged from the CODIS database. |
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SECTION 10. Section 411.153(b), Government Code, is amended |
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to read as follows: |
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(b) A person commits an offense if the person knowingly: |
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(1) discloses to an unauthorized recipient |
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information in a DNA record or information related to a DNA analysis |
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of a sample collected under this subchapter; or |
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(2) releases the DNA sample or a portion of the sample |
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to an unauthorized recipient. |
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SECTION 11. Section 411.154(a), Government Code, is amended |
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to read as follows: |
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(a) On the request of the director or a local law |
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enforcement agency, a district or county attorney or the attorney |
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general may petition a district court for an order requiring a |
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person to: |
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(1) comply with this subchapter or a rule adopted |
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under this subchapter; or |
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(2) refrain from acting in violation of this |
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subchapter or a rule adopted under this subchapter. |
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SECTION 12. (a) The changes in law made by this Act in |
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amending Section 54.0409, Family Code, and Section 411.148, |
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Government Code, apply only to a child who is placed on deferred |
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prosecution on or after the effective date of this Act. |
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(b) The change in law made by this Act in amending Section |
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54.0462, Family Code, applies only to conduct engaged in on or after |
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the effective date of this Act. Conduct engaged in before the |
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effective date of this Act is covered by the law in effect at the |
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time the conduct was engaged in, and the former law is continued in |
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effect for that purpose. For purposes of this section, conduct was |
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engaged in before the effective date of this Act if any element of |
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the conduct occurred before that date. |
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SECTION 13. The change in law made by this Act in amending |
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Section 411.1471(a)(2), Government Code, applies only to: |
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(1) a person arrested for an offense punishable as a |
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Class B or A misdemeanor that is committed on or after January 1, |
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2014; and |
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(2) a person arrested for an offense punishable as a |
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felony that is committed on or after January 1, 2012. |
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SECTION 14. This Act takes effect September 1, 2011. |