Texas 2009 - 81st Regular

Texas House Bill HB4386

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of DNA records for the DNA database system.

Impact

This bill is significant as it modifies several existing provisions in the Government Code concerning DNA sampling. By instituting these requirements, the bill is expected to increase the number of DNA records in the state's database, which proponents argue will serve to strengthen law enforcement's ability to solve crimes through improved identification of offenders. However, it is also poised to create additional administrative tasks for the agencies involved in collecting and processing these samples, thereby impacting workflow within the criminal justice framework.

Summary

House Bill 4386 aims to enhance the state's DNA database system by mandating the collection of DNA samples from specific individuals within the criminal justice system. This legislation requires that any individual granted community supervision after a felony conviction must provide a DNA sample, unless they have already submitted one under existing laws. Additionally, if a juvenile is adjudicated for a felony and placed on probation, they, too, will be required to submit a DNA sample, thereby broadening the scope of individuals contributing to the state's DNA records.

Contention

Notably, the bill's implementation may raise questions about individual privacy rights and the potential for misuse of genetic information. Critics may argue that mandated DNA collection could infringe upon civil liberties and civil rights, particularly if individuals are coerced into providing samples. There may also be concerns regarding the efficacy of DNA sampling as a deterrent for criminal behavior, given that compliance hinges on the legal framework rather than personal choice. Thus, discussions around this bill could center on the balance between public safety and personal privacy.

Notable_points

Furthermore, the bill amends various sections of the Code of Criminal Procedure and the Family Code, which specifically lays out the procedural requirements for sample collection and addresses the timeline for compliance. This could prompt discussions on how these amendments align with current practices and whether they reflect a comprehensive approach to offender management within the juvenile justice system.

Companion Bills

TX SB727

Identical Relating to the creation of DNA records for the DNA database system.

Previously Filed As

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB3506

Relating to the storage in and removal from certain DNA databases of certain DNA samples.

TX HB3956

Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB2627

Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.

TX HB1520

Relating to the continuation and functions of the Texas Juvenile Justice Department and the functions of the office of independent ombudsman for the Texas Juvenile Justice Department.

TX SB1727

Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.

TX HB828

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB501

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

Similar Bills

CA SB277

Criminal procedure: search of persons.

CA AB937

Plastic products: commercial agricultural mulch film: labeling: soil biodegradable.

CA AB2632

Segregated confinement.

CA AB1464

Housing preferences.

MI SB0975

Employment security: benefits; disqualification from benefits; modify. Amends sec. 29 of 1936 (Ex Sess) PA 1 (MCL 421.29).

CA AB2564

Individual Shared Responsibility Penalty: waiver: health care service plans.

CA SB479

Termination of tenancy: no-fault just cause: natural person.

CA SB1428

Reproductive health: mifepristone and other medication.