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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and storage of DNA records for a person |
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arrested for certain felony offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Krystal Jean Baker |
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Act. |
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SECTION 2. Article 42A.352, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.352. DNA SAMPLE. A judge granting community |
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supervision to a defendant convicted of a felony shall require as a |
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condition of community supervision that the defendant provide a DNA |
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sample under Subchapter G, Chapter 411, Government Code, for the |
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purpose of creating a DNA record of the defendant, unless the |
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defendant has already submitted the required sample under Section |
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411.1471, Government Code, or other [state] law. |
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SECTION 3. Article 102.020(a), Code of Criminal Procedure, |
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is 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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Section 411.1471(a)(2) [411.1471(a)(3)], Government Code; or |
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(3) $34 on placement of the person on community |
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supervision, including deferred adjudication community |
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supervision, if the person is required to submit a DNA sample under |
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Article 42A.352. |
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SECTION 4. Subchapter G, Chapter 411, Government Code, is |
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amended by adding Section 411.1425 to read as follows: |
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Sec. 411.1425. GRANT FUNDS. The director shall apply for |
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any available federal grant funds applicable to the creation and |
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storage of DNA records of persons arrested for certain offenses. |
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SECTION 5. 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 [,
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CHARGED WITH,] OR CONVICTED OF CERTAIN OFFENSES. |
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SECTION 6. Section 411.1471, Government Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsection (b-1) |
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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) arrested [indicted or waives indictment] for a |
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felony prohibited [or punishable] under any of the following Penal |
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Code sections: |
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(A) Section 19.02; |
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(B) Section 19.03; |
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(C) Section 20.03; |
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(D) Section 20.04 [20.04(a)(4)]; |
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(E) Section 20.05; |
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(F) Section 20.06; |
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(G) Section 20A.02; |
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(H) Section 20A.03; |
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(I) Section 21.02; |
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(J) [(B)] Section 21.11; |
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(K) Section 22.01; |
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(L) [(C)] Section 22.011; |
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(M) Section 22.02; |
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(N) [(D)] Section 22.021; |
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(O) [(E)] Section 25.02; |
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(P) Section 29.02; |
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(Q) Section 29.03; |
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(R) [(F)] Section 30.02 [30.02(d)]; |
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(S) Section 31.03; |
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(T) Section 43.03; |
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(U) Section 43.04; |
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(V) [(G)] Section 43.05; |
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(W) [(H)] Section 43.25; or |
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(X) [(I)] Section 43.26; or |
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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
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(1) 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), |
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[43.03,] or 43.24, 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)(1) [(a)(2)], immediately after fingerprinting |
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the defendant and at the same location as the fingerprinting |
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occurs, shall require the defendant to provide one or more |
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specimens for the purpose of creating a DNA record. |
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(b-1) After a defendant described by Subsection (a)(2) |
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[(a)(3)] is convicted, the court shall require the defendant to |
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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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(e) Notwithstanding Subsection (d), on acquittal of a |
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defendant described by Subsection (a)(1) [or (2)] or dismissal of |
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the case against the defendant, the court shall order the law |
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enforcement agency taking the specimen to immediately destroy the |
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record of the collection of the specimen and require the department |
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to destroy the specimen and the record of its receipt. |
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SECTION 7. Section 411.1471(c), Government Code, is |
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repealed. |
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SECTION 8. Section 411.1471, Government Code, as amended by |
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this Act, applies only to an offense committed on or after the |
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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 on the |
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date 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 9. This Act takes effect September 1, 2019. |