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By: Hernandez, Romero, Jr., Faircloth |
H.B. No. 238 |
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(Senate Sponsor - Perry) |
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(In the Senate - Received from the House May 9, 2017; |
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May 9, 2017, read first time and referred to Committee on Criminal |
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Justice; May 17, 2017, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 17, 2017, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of records of the DNA of certain defendants |
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for inclusion in 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. Section 411.1471(a), Government Code, is amended |
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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 Title 5, Penal Code, other than an |
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offense described by Subdivision (1), that is punishable as a Class |
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A misdemeanor or any higher category of offense, except for an |
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offense punishable as a Class A misdemeanor under Section 20.02, |
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22.01, or 22.05, Penal Code; or |
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(B) under Section 21.08, 25.04, 43.02(b), 43.03, |
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or 43.24, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |
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* * * * * |