Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1726 by Hernandez Luna (Relating to the creation of DNA records for the DNA database system and to an offense involving the release of a DNA sample to an unauthorized recipient.), As Introduced
The bill would amend the Family Code and the Government Code as it relates to the creation of DNA records for the DNA database system and to an offense involving the release of a DNA sample to an unauthorized recipient. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, releasing a DNA sample to an unauthorized recipient would be a state jail felony.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. Although the number of times a person would release a DNA sample to an unauthorized recipient is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.