|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of DNA records for the DNA database system. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Section 411.1471, Government |
|
Code, is amended to read as follows: |
|
Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR |
|
CONVICTED OF CERTAIN OFFENSES [FELONIES]. |
|
SECTION 2. Section 411.1471(a), Government Code, is amended |
|
to read as follows: |
|
(a) This section applies to a defendant who has not already |
|
provided a sample to an arresting agency as required by Section |
|
411.148(a)(1)(C) and who [is]: |
|
(1) is indicted or waives indictment for a felony |
|
prohibited or punishable under any of the following Penal Code |
|
sections: |
|
(A) Section 20.04(a)(4); |
|
(B) Section 21.11; |
|
(C) Section 22.011; |
|
(D) Section 22.021; |
|
(E) Section 25.02; |
|
(F) Section 30.02(d); |
|
(G) Section 43.05; |
|
(H) Section 43.25; |
|
(I) Section 43.26; |
|
(J) Section 21.02; or |
|
(K) Section 20A.03; |
|
(2) is arrested for a felony described by Subdivision |
|
(1) after having been previously convicted of or placed on deferred |
|
adjudication for an offense described by Subdivision (1) or an |
|
offense punishable under Section 30.02(c)(2), Penal Code; or |
|
(3) is convicted of an offense under Section 21.07 or |
|
21.08, Penal Code. |
|
SECTION 3. Section 411.148, Government Code, is amended by |
|
amending Subsections (a), (d), (f), and (h) and adding Subsection |
|
(d-1) 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 |
|
(C) arrested for any offense punishable as a |
|
Class B misdemeanor or higher; or |
|
(2) a juvenile who, following an adjudication for |
|
conduct constituting a felony, is: |
|
(A) confined in a facility operated by or under |
|
contract with the Texas Juvenile Justice Department [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 Juvenile |
|
Justice Department [Youth Commission], the Texas Juvenile Justice |
|
Department [youth commission] shall collect the sample from the |
|
individual during the initial examination or at another time |
|
determined by the Texas Juvenile Justice Department [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. The duties imposed by this subsection do not apply if a |
|
sample has already been collected under Subsection (d-1). |
|
(d-1) If an individual described by Subsection (a)(1)(C) is |
|
lawfully arrested, the arresting agency shall collect the sample |
|
from the individual during the fingerprinting and booking process. |
|
(f) The Texas Department of Criminal Justice shall notify |
|
the director that an individual to whom Subsection (d) applies |
|
[described by Subsection (a)(1)(B)] is to be released from custody |
|
not earlier than the 120th day before the individual's statutory |
|
release date and not later than the 90th day before the individual's |
|
statutory release date. The [An] individual [described by
|
|
Subsection (a)(1)(B)] may not be held past the individual's |
|
statutory release date if the individual fails or refuses to |
|
provide a DNA sample under this section. The Texas Department of |
|
Criminal Justice may take lawful administrative action, including |
|
disciplinary action resulting in the loss of good conduct time, |
|
against an individual [described by Subsection (a)(1)(B)] who |
|
refuses to provide a sample as required by Subsection (d) [under
|
|
this section]. In this subsection, "statutory release date" means |
|
the date on which an individual is discharged from the individual's |
|
controlling sentence. |
|
(h) An employee of a criminal justice agency or of an |
|
arresting agency may use force against an individual required to |
|
provide a DNA sample under this section when and to the degree the |
|
employee reasonably believes the force is immediately necessary to |
|
collect the sample. |
|
SECTION 4. Section 411.148(i)(1), Government Code, is |
|
amended to read as follows: |
|
(1) The Texas Department of Criminal Justice as soon |
|
as practicable shall cause a sample to be collected from an |
|
individual, other than an individual who has already provided a |
|
sample to an arresting agency as required by Subsection (a)(1)(C), |
|
[described by Subsection (a)(1)(B)] if: |
|
(A) the individual is confined in another penal |
|
institution after sentencing and before admission to the |
|
department; and |
|
(B) the department determines that the |
|
individual is likely to be released before being admitted to the |
|
department. |
|
SECTION 5. The change in law made by this Act applies only |
|
to a person arrested for an offense committed on or after the |
|
effective date of this Act. A person arrested for an offense |
|
committed before the effective date of this Act is covered by the |
|
law in effect when the offense was committed, and the former law is |
|
continued in effect for that purpose. For purposes of this section, |
|
an offense was committed before the effective date of this Act if |
|
any element of the offense occurred before that date. |
|
SECTION 6. This Act takes effect September 1, 2013. |