81R11747 KEL-D
By: Edwards H.B. No. 3205
A BILL TO BE ENTITLED
AN ACT
relating to the creation of DNA records for the DNA database system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1471(a), Government Code, is amended
to read as follows:
(a) This section applies to a defendant who has not already
provided a sample to an arresting agency as required by Section
411.148(a)(1)(C) and who [is]:
(1) is indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26; or
(J) Section 21.02;
(2) is arrested for a felony described by Subdivision
(1) after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) is convicted of an offense under Section 21.07 or
21.08, Penal Code.
SECTION 2. Section 411.148, Government Code, is amended by
amending Subsections (a), (d), (f), and (h) and adding Subsection
(d-1) to read as follows:
(a) This section applies to:
(1) an individual who is:
(A) ordered by a magistrate or court to provide a
sample under Section 411.154 or other law; [or]
(B) confined in a penal institution operated by
or under contract with the Texas Department of Criminal Justice; or
(C) arrested for any offense punishable as a
Class B misdemeanor or higher; or
(2) a juvenile who is, after an adjudication for
conduct constituting a felony, confined in a facility operated by
or under contract with the Texas Youth Commission.
(d) If an individual described by Subsection (a)(1)(B) is
received into custody by the Texas Department of Criminal Justice,
that department shall collect the sample from the individual during
the diagnostic process or at another time determined by the Texas
Department of Criminal Justice, unless the individual has already
provided a sample to an arresting agency as required by Subsection
(a)(1)(C).
(d-1) If an individual described by Subsection (a)(1)(C) is
lawfully arrested, the arresting agency shall collect the sample
from the individual during the fingerprinting and booking process.
(f) The Texas Department of Criminal Justice shall notify
the director that an individual to whom Subsection (d) applies
[described by Subsection (a)(1)(B)] is to be released from custody
not earlier than the 120th day before the individual's statutory
release date and not later than the 90th day before the individual's
statutory release date. The [An] individual [described by
Subsection (a)(1)(B)] may not be held past the individual's
statutory release date if the individual fails or refuses to
provide a DNA sample under this section. The Texas Department of
Criminal Justice may take lawful administrative action, including
disciplinary action resulting in the loss of good conduct time,
against an individual [described by Subsection (a)(1)(B)] who
refuses to provide a sample as required by Subsection (d) [under
this section]. In this subsection, "statutory release date" means
the date on which an individual is discharged from the individual's
controlling sentence.
(h) An employee of a criminal justice agency or of an
arresting agency may use force against an individual required to
provide a DNA sample under this section when and to the degree the
employee reasonably believes the force is immediately necessary to
collect the sample.
SECTION 3. Section 411.148(i)(1), Government Code, is
amended to read as follows:
(1) The Texas Department of Criminal Justice as soon
as practicable shall cause a sample to be collected from an
individual, other than an individual who has already provided a
sample to an arresting agency as required by Subsection (a)(1)(C),
[described by Subsection (a)(1)(B)] if:
(A) the individual is confined in another penal
institution after sentencing and before admission to the
department; and
(B) the department determines that the
individual is likely to be released before being admitted to the
department.
SECTION 4. The change in law made by this Act applies only
to a person arrested for an offense committed on or after the
effective date of this Act. A person arrested for an offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2009.