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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 a felony offense. |
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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 any [an] offense punishable |
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as a felony [listed in Section 411.1471(a)(1), Government Code]; |
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(2) $50 on conviction of a misdemeanor [an] offense |
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described by Section 411.1471(a)(2) [411.1471(a)(3)], Government |
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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. 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 Procedure) |
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. . . $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 parent contributing |
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to student nonattendance (Art. 102.014, Code of Criminal Procedure) |
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. . . $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) . . . |
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$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 prevention |
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programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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(13) court cost for DNA testing for a felony [certain
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felonies] (Art. 102.020(a)(1), Code of Criminal Procedure) . . . |
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$250; |
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(14) court cost for DNA testing for certain |
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misdemeanors [and felonies] (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 a felony [certain
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felonies] (Art. 102.020(a)(3), Code of Criminal Procedure) . . . |
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$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 5. 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 6. 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 7. 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) [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 any offense punishable as a felony |
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[described by Subdivision (1) after having been previously
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convicted of or placed on deferred adjudication for an offense
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described by Subdivision (1) or an offense punishable under Section
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30.02(c)(2), Penal Code]; or |
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(2) [(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 |
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Class A misdemeanor [or any higher category of offense], except for |
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an 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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(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 8. Section 411.1471(c), Government Code, is |
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repealed. |
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SECTION 9. 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 10. This Act takes effect September 1, 2019. |