Texas 2009 - 81st Regular

Texas House Bill HB3205 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11747 KEL-D
2	2	By: Edwards H.B. No. 3205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of DNA records for the DNA database system.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.1471(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) This section applies to a defendant who has not already
12	12	provided a sample to an arresting agency as required by Section
13	13	411.148(a)(1)(C) and who [is]:
14	14	(1) is indicted or waives indictment for a felony
15	15	prohibited or punishable under any of the following Penal Code
16	16	sections:
17	17	(A) Section 20.04(a)(4);
18	18	(B) Section 21.11;
19	19	(C) Section 22.011;
20	20	(D) Section 22.021;
21	21	(E) Section 25.02;
22	22	(F) Section 30.02(d);
23	23	(G) Section 43.05;
24	24	(H) Section 43.25;
25	25	(I) Section 43.26; or
26	26	(J) Section 21.02;
27	27	(2) is arrested for a felony described by Subdivision
28	28	(1) after having been previously convicted of or placed on deferred
29	29	adjudication for an offense described by Subdivision (1) or an
30	30	offense punishable under Section 30.02(c)(2), Penal Code; or
31	31	(3) is convicted of an offense under Section 21.07 or
32	32	21.08, Penal Code.
33	33	SECTION 2. Section 411.148, Government Code, is amended by
34	34	amending Subsections (a), (d), (f), and (h) and adding Subsection
35	35	(d-1) to read as follows:
36	36	(a) This section applies to:
37	37	(1) an individual who is:
38	38	(A) ordered by a magistrate or court to provide a
39	39	sample under Section 411.154 or other law; [or]
40	40	(B) confined in a penal institution operated by
41	41	or under contract with the Texas Department of Criminal Justice; or
42	42	(C) arrested for any offense punishable as a
43	43	Class B misdemeanor or higher; or
44	44	(2) a juvenile who is, after an adjudication for
45	45	conduct constituting a felony, confined in a facility operated by
46	46	or under contract with the Texas Youth Commission.
47	47	(d) If an individual described by Subsection (a)(1)(B) is
48	48	received into custody by the Texas Department of Criminal Justice,
49	49	that department shall collect the sample from the individual during
50	50	the diagnostic process or at another time determined by the Texas
51	51	Department of Criminal Justice, unless the individual has already
52	52	provided a sample to an arresting agency as required by Subsection
53	53	(a)(1)(C).
54	54	(d-1) If an individual described by Subsection (a)(1)(C) is
55	55	lawfully arrested, the arresting agency shall collect the sample
56	56	from the individual during the fingerprinting and booking process.
57	57	(f) The Texas Department of Criminal Justice shall notify
58	58	the director that an individual to whom Subsection (d) applies
59	59	[described by Subsection (a)(1)(B)] is to be released from custody
60	60	not earlier than the 120th day before the individual's statutory
61	61	release date and not later than the 90th day before the individual's
62	62	statutory release date. The [An] individual [described by
63	63	Subsection (a)(1)(B)] may not be held past the individual's
64	64	statutory release date if the individual fails or refuses to
65	65	provide a DNA sample under this section. The Texas Department of
66	66	Criminal Justice may take lawful administrative action, including
67	67	disciplinary action resulting in the loss of good conduct time,
68	68	against an individual [described by Subsection (a)(1)(B)] who
69	69	refuses to provide a sample as required by Subsection (d) [under
70	70	this section]. In this subsection, "statutory release date" means
71	71	the date on which an individual is discharged from the individual's
72	72	controlling sentence.
73	73	(h) An employee of a criminal justice agency or of an
74	74	arresting agency may use force against an individual required to
75	75	provide a DNA sample under this section when and to the degree the
76	76	employee reasonably believes the force is immediately necessary to
77	77	collect the sample.
78	78	SECTION 3. Section 411.148(i)(1), Government Code, is
79	79	amended to read as follows:
80	80	(1) The Texas Department of Criminal Justice as soon
81	81	as practicable shall cause a sample to be collected from an
82	82	individual, other than an individual who has already provided a
83	83	sample to an arresting agency as required by Subsection (a)(1)(C),
84	84	[described by Subsection (a)(1)(B)] if:
85	85	(A) the individual is confined in another penal
86	86	institution after sentencing and before admission to the
87	87	department; and
88	88	(B) the department determines that the
89	89	individual is likely to be released before being admitted to the
90	90	department.
91	91	SECTION 4. The change in law made by this Act applies only
92	92	to a person arrested for an offense committed on or after the
93	93	effective date of this Act. A person arrested for an offense
94	94	committed before the effective date of this Act is covered by the
95	95	law in effect when the offense was committed, and the former law is
96	96	continued in effect for that purpose. For purposes of this section,
97	97	an offense was committed before the effective date of this Act if
98	98	any element of the offense occurred before that date.
99	99	SECTION 5. This Act takes effect September 1, 2009.