Relating to the creation of DNA records for a person arrested for a Class A misdemeanor or felony offense.
Impact
If enacted, HB3740 would amend existing sections of the Code of Criminal Procedure and Government Code, focusing on the responsibilities of judges, law enforcement, and defendants regarding DNA reporting. Specifically, the bill requires that during the community supervision process, judges must obtain DNA samples from convicted felons unless the defendants have already submitted such samples under other state laws. Additionally, it adheres to the framework that connects court costs with DNA testing, establishing statutory fees for the collection and testing of DNA for individuals convicted of certain offenses.
Summary
House Bill 3740, known as the Krystal Gene Baker Act, is a legislative proposal aimed at modifying the existing laws related to the collection and maintenance of DNA records for individuals arrested for Class A misdemeanors and felonies in Texas. The bill stipulates that a DNA sample must be provided by anyone arrested for these offenses, creating a DNA record for law enforcement use. This requirement is intended to enhance the state's ability to solve crimes and analyze patterns of criminal behavior by having a more comprehensive database of DNA samples.
Conclusion
As the bill seeks to enhance public safety through improved criminal identification measures, it highlights the tension between law enforcement objectives and individual liberties. Should HB3740 pass, it could pave the way for increased scrutiny over existing state practices concerning DNA evidence, and potentially set a precedent for other states considering similar legislation.
Contention
The implications of HB3740 may lead to discussions around civil rights and privacy concerns associated with mandatory DNA collection. Critics of the bill may argue that such requirements could infringe on individual rights, especially regarding the presumption of innocence before conviction. Furthermore, the legislation necessitates the ongoing management of sensitive genetic data, which raises questions about the effectiveness of measures to protect this information from misuse or unauthorized access.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a grant program to assist law enforcement agencies in collecting DNA samples from defendants arrested for certain felony offenses.
Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.