Texas 2009 - 81st Regular

Texas House Bill HB4386 Compare Versions

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1	1	81R3409 KEL-D
2	2	By: Vaught, Riddle, Fletcher, Moody H.B. No. 4386
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 411.141(3), Government Code, is amended
10	10	to read as follows:
11	11	(3) "Criminal justice agency" means:
12	12	(A) a federal or state agency that is engaged in
13	13	the administration of criminal justice under a statute or executive
14	14	order and that allocates a substantial part of its annual budget to
15	15	the administration of criminal justice;
16	16	(B) a secure correctional facility as defined by
17	17	Section 1.07, Penal Code; or
18	18	(C) a community supervision and corrections
19	19	department, a parole office, or a local juvenile probation
20	20	department or parole office [has the meaning assigned by Article
21	21	60.01, Code of Criminal Procedure].
22	22	SECTION 2. Sections 411.148(a), (d), (f-1), (j), and (k),
23	23	Government Code, are amended to read as follows:
24	24	(a) This section applies to:
25	25	(1) an individual, other than a juvenile, who is:
26	26	(A) ordered by a magistrate or court to provide a
27	27	DNA sample under Section 411.154 or other law, including as part of
28	28	an order granting community supervision to the individual; or
29	29	(B) confined in a penal institution operated by
30	30	or under contract with the Texas Department of Criminal Justice; or
31	31	(2) a juvenile who [is], following [after] an
32	32	adjudication for conduct constituting a felony, is:
33	33	(A) confined in a facility operated by or under
34	34	contract with the Texas Youth Commission; or
35	35	(B) placed on probation.
36	36	(d) If an individual described by Subsection (a)(1)(B) is
37	37	received into custody by the Texas Department of Criminal Justice,
38	38	that department shall collect the sample from the individual during
39	39	the diagnostic process or at another time determined by the Texas
40	40	Department of Criminal Justice. If an individual described by
41	41	Subsection (a)(2)(A) is received into custody by the Texas Youth
42	42	Commission, the youth commission shall collect the sample from the
43	43	individual during the initial examination or at another time
44	44	determined by the youth commission. If an individual who is
45	45	required under this section or other law to provide a DNA sample is
46	46	in the custody or under the supervision of another criminal justice
47	47	agency, such as a community supervision and corrections department,
48	48	a parole office, or a local juvenile probation department or parole
49	49	office, that agency shall collect the sample from the individual at
50	50	a time determined by the agency.
51	51	(f-1) The Texas Youth Commission shall notify the director
52	52	that an individual described by Subsection (a)(2)(A) [(a)(2)] is to
53	53	be released from custody not earlier than the 120th day before the
54	54	individual's release date and not later than the 90th day before the
55	55	individual's release date.
56	56	(j)(1) The Texas Youth Commission as soon as practicable
57	57	shall cause a sample to be collected from an individual described by
58	58	Subsection (a)(2)(A) [(a)(2)] if:
59	59	(A) the individual is detained in another
60	60	juvenile detention facility after adjudication and before
61	61	admission to the youth commission; and
62	62	(B) the youth commission determines the
63	63	individual is likely to be released before being admitted to the
64	64	youth commission.
65	65	(2) The administrator of the other juvenile detention
66	66	facility shall cooperate with the Texas Youth Commission as
67	67	necessary to allow the youth commission to perform its duties under
68	68	this subsection.
69	69	(k) When a criminal justice agency of this state agrees to
70	70	accept custody or supervision of an individual from another state
71	71	or jurisdiction under an interstate compact or a reciprocal
72	72	agreement with a local, county, state, or federal agency, the
73	73	acceptance is conditional on the individual providing a DNA sample
74	74	under this subchapter if the individual was convicted of or
75	75	adjudicated as having engaged in conduct constituting a felony.
76	76	SECTION 3. Section 11, Article 42.12, Code of Criminal
77	77	Procedure, is amended by adding Subsection (j) to read as follows:
78	78	(j) A judge granting community supervision to a defendant
79	79	convicted of a felony shall require that the defendant, as a
80	80	condition of community supervision, provide a DNA sample under
81	81	Subchapter G, Chapter 411, Government Code, for the purpose of
82	82	creating a DNA record of the defendant, unless the defendant has
83	83	already submitted the required sample under other state law.
84	84	SECTION 4. Chapter 54, Family Code, is amended by adding
85	85	Section 54.0409 to read as follows:
86	86	Sec. 54.0409. DNA SAMPLE REQUIRED ON FELONY ADJUDICATION.
87	87	If a court or jury makes a disposition under Section 54.04 in which
88	88	a child is adjudicated as having engaged in conduct constituting
89	89	the commission of a felony and is placed on probation, the court
90	90	shall require as a condition of probation that the child provide a
91	91	DNA sample under Subchapter G, Chapter 411, Government Code, for
92	92	the purpose of creating a DNA record of the child, unless the child
93	93	has already submitted the required sample under other state law.
94	94	SECTION 5. Section 411.148(e), Government Code, is
95	95	repealed.
96	96	SECTION 6. The changes in law made by this Act in adding
97	97	Section 11(j), Article 42.12, Code of Criminal Procedure, and
98	98	Section 54.0409, Family Code, apply only to a person who is granted
99	99	community supervision or placed on juvenile probation on or after
100	100	the effective date of this Act.
101	101	SECTION 7. This Act takes effect September 1, 2009.