81R3409 KEL-D
By: Vaught, Riddle, Fletcher, Moody H.B. No. 4386
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 411.141(3), Government Code, is amended
to read as follows:
(3) "Criminal justice agency" means:
(A) a federal or state agency that is engaged in
the administration of criminal justice under a statute or executive
order and that allocates a substantial part of its annual budget to
the administration of criminal justice;
(B) a secure correctional facility as defined by
Section 1.07, Penal Code; or
(C) a community supervision and corrections
department, a parole office, or a local juvenile probation
department or parole office [has the meaning assigned by Article
60.01, Code of Criminal Procedure].
SECTION 2. Sections 411.148(a), (d), (f-1), (j), and (k),
Government Code, are amended to read as follows:
(a) This section applies to:
(1) an individual, other than a juvenile, who is:
(A) ordered by a magistrate or court to provide a
DNA sample under Section 411.154 or other law, including as part of
an order granting community supervision to the individual; or
(B) confined in a penal institution operated by
or under contract with the Texas Department of Criminal Justice; or
(2) a juvenile who [is], following [after] an
adjudication for conduct constituting a felony, is:
(A) confined in a facility operated by or under
contract with the Texas Youth Commission; or
(B) placed on probation.
(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. If an individual described by
Subsection (a)(2)(A) is received into custody by the Texas Youth
Commission, the youth commission shall collect the sample from the
individual during the initial examination or at another time
determined by the youth commission. If an individual who is
required under this section or other law to provide a DNA sample is
in the custody or under the supervision of another criminal justice
agency, such as a community supervision and corrections department,
a parole office, or a local juvenile probation department or parole
office, that agency shall collect the sample from the individual at
a time determined by the agency.
(f-1) The Texas Youth Commission shall notify the director
that an individual described by Subsection (a)(2)(A) [(a)(2)] is to
be released from custody not earlier than the 120th day before the
individual's release date and not later than the 90th day before the
individual's release date.
(j)(1) The Texas Youth Commission as soon as practicable
shall cause a sample to be collected from an individual described by
Subsection (a)(2)(A) [(a)(2)] if:
(A) the individual is detained in another
juvenile detention facility after adjudication and before
admission to the youth commission; and
(B) the youth commission determines the
individual is likely to be released before being admitted to the
youth commission.
(2) The administrator of the other juvenile detention
facility shall cooperate with the Texas Youth Commission as
necessary to allow the youth commission to perform its duties under
this subsection.
(k) When a criminal justice agency of this state agrees to
accept custody or supervision of an individual from another state
or jurisdiction under an interstate compact or a reciprocal
agreement with a local, county, state, or federal agency, the
acceptance is conditional on the individual providing a DNA sample
under this subchapter if the individual was convicted of or
adjudicated as having engaged in conduct constituting a felony.
SECTION 3. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (j) to read as follows:
(j) A judge granting community supervision to a defendant
convicted of a felony shall require that the defendant, as a
condition of community supervision, provide a DNA sample under
Subchapter G, Chapter 411, Government Code, for the purpose of
creating a DNA record of the defendant, unless the defendant has
already submitted the required sample under other state law.
SECTION 4. Chapter 54, Family Code, is amended by adding
Section 54.0409 to read as follows:
Sec. 54.0409. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION.
If a court or jury makes a disposition under Section 54.04 in which
a child is adjudicated as having engaged in conduct constituting
the commission of a felony and is placed on probation, the court
shall require as a condition of probation that the child provide a
DNA sample under Subchapter G, Chapter 411, Government Code, for
the purpose of creating a DNA record of the child, unless the child
has already submitted the required sample under other state law.
SECTION 5. Section 411.148(e), Government Code, is
repealed.
SECTION 6. The changes in law made by this Act in adding
Section 11(j), Article 42.12, Code of Criminal Procedure, and
Section 54.0409, Family Code, apply only to a person who is granted
community supervision or placed on juvenile probation on or after
the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2009.