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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. Articles 102.020(a) and (h-1), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) A person shall pay as a cost of court: |
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(1) $250 on conviction of an offense listed in Section |
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411.1471(a)(1), Government Code; |
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(2) $50 on conviction of an offense described by |
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[listed in] Section 411.1471(a)(3), Government Code, other than an |
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offense described by Subdivision (1) of this subsection [of that
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code]; or |
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(3) $34 on placement of the person on: |
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(A) community supervision, including deferred |
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adjudication community supervision, if the person is required to |
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submit a DNA sample under Section 11(j), Article 42.12; or |
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(B) deferred adjudication community supervision |
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for an offense described by Section 411.1471(a)(4), Government |
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Code. |
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(h-1) The clerk of the court shall transfer to the |
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comptroller any funds received under Subsection (a)(2) or (3) |
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[(a)(3)]. The comptroller shall credit the funds to the Department |
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of Public Safety to help defray the cost of collecting or analyzing |
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[any analyses performed on] DNA samples provided by defendants who |
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are required to pay a court cost under this article. |
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SECTION 2. Section 102.021, Government Code, is amended to |
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read as follows: |
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Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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PROCEDURE. A person convicted of an offense shall pay the following |
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under the Code of Criminal Procedure, in addition to all other |
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costs: |
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(1) court cost on conviction of any offense, other |
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than a conviction of an offense relating to a pedestrian or the |
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parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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Procedure)$4; |
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(2) a fee for services of prosecutor (Art. 102.008, |
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Code of Criminal Procedure)$25; |
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(3) fees for services of peace officer: |
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(A) issuing a written notice to appear in court |
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for certain violations (Art. 102.011, Code of Criminal |
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Procedure)$5; |
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(B) executing or processing an issued arrest |
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warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
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Procedure)$50; |
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(C) summoning a witness (Art. 102.011, Code of |
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Criminal Procedure)$5; |
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(D) serving a writ not otherwise listed (Art. |
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102.011, Code of Criminal Procedure)$35; |
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(E) taking and approving a bond and, if |
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necessary, returning the bond to courthouse (Art. 102.011, Code of |
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Criminal Procedure)$10; |
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(F) commitment or release (Art. 102.011, Code of |
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Criminal Procedure)$5; |
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(G) summoning a jury (Art. 102.011, Code of |
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Criminal Procedure)$5; |
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(H) attendance of a prisoner in habeas corpus |
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case if prisoner has been remanded to custody or held to bail (Art. |
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102.011, Code of Criminal Procedure)$8 each day; |
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(I) mileage for certain services performed (Art. |
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102.011, Code of Criminal Procedure)$0.29 per mile; and |
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(J) services of a sheriff or constable who serves |
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process and attends examining trial in certain cases (Art. 102.011, |
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Code of Criminal Procedure)not to exceed $5; |
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(4) services of a peace officer in conveying a witness |
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outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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$10 per day or part of a day, plus actual necessary travel expenses; |
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(5) overtime of peace officer for time spent |
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testifying in the trial or traveling to or from testifying in the |
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trial (Art. 102.011, Code of Criminal Procedure) actual cost; |
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(6) court costs on an offense relating to rules of the |
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road, when offense occurs within a school crossing zone (Art. |
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102.014, Code of Criminal Procedure)$25; |
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(7) court costs on an offense of passing a school bus |
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(Art. 102.014, Code of Criminal Procedure)$25; |
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(8) court costs on an offense of truancy or |
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contributing to truancy (Art. 102.014, Code of Criminal |
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Procedure)$20; |
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(9) cost for visual recording of intoxication arrest |
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before conviction (Art. 102.018, Code of Criminal Procedure)$15; |
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(10) cost of certain evaluations (Art. 102.018, Code |
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of Criminal Procedure)actual cost; |
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(11) additional costs attendant to certain |
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intoxication convictions under Chapter 49, Penal Code, for |
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emergency medical services, trauma facilities, and trauma care |
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systems (Art. 102.0185, Code of Criminal Procedure) $100; |
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(12) additional costs attendant to certain child |
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sexual assault and related convictions, for child abuse |
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prevention programs (Art. 102.0186, Code of Criminal |
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Procedure)$100; |
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(13) court cost for DNA testing for certain felonies |
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(Art. 102.020(a)(1), Code of Criminal Procedure) $250; |
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(14) court cost for DNA testing for certain |
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misdemeanors and felonies [the offense of public lewdness or
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indecent exposure] (Art. 102.020(a)(2), Code of Criminal |
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Procedure)$50; |
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(15) court cost for DNA testing for certain |
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misdemeanors and felonies (Art. 102.020(a)(3), Code of Criminal |
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Procedure)$34; |
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(16) if required by the court, a restitution fee for |
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costs incurred in collecting restitution installments and for the |
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compensation to victims of crime fund (Art. 42.037, Code of |
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Criminal Procedure)$12; |
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(17) if directed by the justice of the peace or |
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municipal court judge hearing the case, court costs on conviction |
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in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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. . . part or all of the costs as directed by the judge; and |
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(18) costs attendant to convictions under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 122, 123, 124, |
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or 125, Government Code, or former law (Art. 102.0178, Code of |
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Criminal Procedure) . . . $60. |
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SECTION 3. Section 411.142(c), Government Code, is amended |
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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. If a DNA sample was collected solely for the purpose of |
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creating a DNA record, the director shall destroy the sample |
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immediately after any test results associated with the sample are |
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entered into the DNA database and the CODIS database. |
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SECTION 4. 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 ARRESTED FOR, CHARGED |
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WITH, OR CONVICTED OF CERTAIN OFFENSES [FELONIES]. |
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SECTION 5. Sections 411.1471(a), (b), and (f), Government |
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Code, 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; |
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(J) Section 21.02; or |
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(K) Section 20A.03; |
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(2) arrested for a felony described by Subdivision (1) |
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after having been previously convicted of or placed on deferred |
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adjudication for an offense described by Subdivision (1) or an |
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offense punishable under Section 30.02(c)(2), Penal Code; [or] |
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(3) convicted of an offense: |
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(A) under the Penal Code that is punishable as a |
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Class A misdemeanor or any higher category of offense, other than an |
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offense described by Subdivision (1); or |
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(B) under Title 5, Penal Code, that is punishable |
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as a Class B misdemeanor; or |
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(4) placed on deferred adjudication for an offense |
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under Section 21.07 or 21.08, Penal Code. |
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(b) After a defendant described by Subsection (a)(1) is |
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indicted or waives indictment, the court in which the case is |
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pending shall require the defendant to provide to a law enforcement |
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agency one or more specimens for the purpose of creating a DNA |
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record. A law enforcement agency arresting a defendant described |
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by Subsection (a)(2), immediately after fingerprinting the |
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defendant and at the same location as the fingerprinting occurs, |
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shall require the defendant to provide one or more specimens for the |
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purpose of creating a DNA record. After a defendant described by |
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Subsection (a)(3) or (4) is convicted or placed on deferred |
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adjudication, as applicable, the court shall require the defendant |
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to provide to a law enforcement agency one or more specimens for the |
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purpose of creating a DNA record. |
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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 of |
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this code or under Section 11(j), Article 42.12, Code of Criminal |
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Procedure, unless the [an] attorney representing the state in the |
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prosecution of the felony offense that makes Section 411.148 or |
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11(j) applicable to the defendant [offenses] establishes to the |
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satisfaction of the director that the interests of justice or |
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public safety require that the defendant provide additional |
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samples. |
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SECTION 6. The change in law made by this Act in amending |
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Article 102.020, Code of Criminal Procedure, and Section 411.1471, |
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Government Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect at the |
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time the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2015. |
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* * * * * |