Texas 2009 - 81st Regular

Texas Senate Bill SB727 Compare Versions

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1	1	S.B. No. 727
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of DNA records for the DNA database system.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. The heading to Article 102.020, Code of Criminal
8	8	Procedure, is amended to read as follows:
9	9	Art. 102.020. COSTS RELATED TO [ON CONVICTION FOR OFFENSES
10	10	REQUIRING] DNA TESTING.
11	11	SECTION 2. Article 102.020, Code of Criminal Procedure, is
12	12	amended by amending Subsections (a) and (h) and adding Subsections
13	13	(h-1) and (j) to read as follows:
14	14	(a) A person shall pay as a cost of court:
15	15	(1) $250 [as a court cost] on conviction of an offense
16	16	listed in Section 411.1471(a)(1), Government Code;
17	17	(2) [, and] $50 [as a court cost] on conviction of an
18	18	offense listed in Section 411.1471(a)(3) of that code; or
19	19	(3) $34 on placement of the person on community
20	20	supervision, including deferred adjudication community
21	21	supervision, if the person is required to submit a DNA sample under
22	22	Section 11(j), Article 42.12.
23	23	(h) Except as provided by Subsection (h-1), the [The]
24	24	comptroller shall deposit 35 percent of the funds received under
25	25	this article in the state treasury to the credit of the state
26	26	highway fund and 65 percent of the funds received under this article
27	27	to the credit of the criminal justice planning account in the
28	28	general revenue fund.
29	29	(h-1) The clerk of the court shall transfer to the
30	30	comptroller any funds received under Subsection (a)(3). The
31	31	comptroller shall credit the funds to the Department of Public
32	32	Safety to help defray the cost of any analyses performed on DNA
33	33	samples provided by defendants who are required to pay a court cost
34	34	under this article.
35	35	(j) The court may waive the imposition of a court cost under
36	36	this article if the court determines that the defendant is indigent
37	37	and unable to pay the cost.
38	38	SECTION 3. Chapter 54, Family Code, is amended by adding
39	39	Section 54.0409 to read as follows:
40	40	Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY
41	41	ADJUDICATIONS. (a) This section applies only to conduct
42	42	constituting the commission of a felony:
43	43	(1) that is listed in Section 3g(a)(1), Article 42.12,
44	44	Code of Criminal Procedure; or
45	45	(2) for which it is shown that a deadly weapon, as
46	46	defined by Section 1.07, Penal Code, was used or exhibited during
47	47	the commission of the conduct or during immediate flight from the
48	48	commission of the conduct.
49	49	(b) If a court or jury makes a disposition under Section
50	50	54.04 in which a child is adjudicated as having engaged in conduct
51	51	constituting the commission of a felony to which this section
52	52	applies and the child is placed on probation, the court shall
53	53	require as a condition of probation that the child provide a DNA
54	54	sample under Subchapter G, Chapter 411, Government Code, for the
55	55	purpose of creating a DNA record of the child, unless the child has
56	56	already submitted the required sample under other state law.
57	57	SECTION 4. Chapter 54, Family Code, is amended by adding
58	58	Section 54.0462 to read as follows:
59	59	Sec. 54.0462. PAYMENT OF FEES FOR OFFENSES REQUIRING DNA
60	60	TESTING. (a) If a child is adjudicated as having engaged in
61	61	delinquent conduct that constitutes the commission of a felony and
62	62	the provision of a DNA sample is required under Section 54.0409 or
63	63	other law, the juvenile court shall order the child, parent, or
64	64	other person responsible for the child's support to pay to the court
65	65	as a cost of court:
66	66	(1) a $50 fee if the disposition of the case includes a
67	67	commitment to a facility operated by or under contract with the
68	68	Texas Youth Commission; and
69	69	(2) a $34 fee if the disposition of the case does not
70	70	include a commitment described by Subdivision (1) and the child is
71	71	required to submit a DNA sample under Section 54.0409 or other law.
72	72	(b) The clerk of the court shall transfer to the comptroller
73	73	any funds received under this section. The comptroller shall
74	74	credit the funds to the Department of Public Safety to help defray
75	75	the cost of any analyses performed on DNA samples provided by
76	76	children with respect to whom a court cost is collected under this
77	77	section.
78	78	(c) If the court finds that a child, parent, or other person
79	79	responsible for the child's support is unable to pay the fee
80	80	required under Subsection (a), the court shall enter into the
81	81	child's case records a statement of that finding. The court may
82	82	waive a fee under this section only if the court makes the finding
83	83	under this subsection.
84	84	SECTION 5. Subsection (a), Section 61.002, Family Code, is
85	85	amended to read as follows:
86	86	(a) Except as provided by Subsection (b), this chapter
87	87	applies to a proceeding to enter a juvenile court order:
88	88	(1) for payment of probation fees under Section
89	89	54.061;
90	90	(2) for restitution under Sections 54.041(b) and
91	91	54.048;
92	92	(3) for payment of graffiti eradication fees under
93	93	Section 54.0461;
94	94	(4) for community service under Section 54.044(b);
95	95	(5) for payment of costs of court under Section
96	96	54.0411 or other provisions of law;
97	97	(6) requiring the person to refrain from doing any act
98	98	injurious to the welfare of the child under Section 54.041(a)(1);
99	99	(7) enjoining contact between the person and the child
100	100	who is the subject of a proceeding under Section 54.041(a)(2);
101	101	(8) ordering a person living in the same household
102	102	with the child to participate in counseling under Section
103	103	54.041(a)(3);
104	104	(9) requiring a parent or guardian of a child found to
105	105	be truant to participate in an available program addressing truancy
106	106	under Section 54.041(f);
107	107	(10) requiring a parent or other eligible person to
108	108	pay reasonable attorney's fees for representing the child under
109	109	Section 51.10(e);
110	110	(11) requiring the parent or other eligible person to
111	111	reimburse the county for payments the county has made to an attorney
112	112	appointed to represent the child under Section 51.10(j);
113	113	(12) requiring payment of deferred prosecution
114	114	supervision fees under Section 53.03(d);
115	115	(13) requiring a parent or other eligible person to
116	116	attend a court hearing under Section 51.115;
117	117	(14) requiring a parent or other eligible person to
118	118	act or refrain from acting to aid the child in complying with
119	119	conditions of release from detention under Section 54.01(r); [or]
120	120	(15) requiring a parent or other eligible person to
121	121	act or refrain from acting under any law imposing an obligation of
122	122	action or omission on a parent or other eligible person because of
123	123	the parent's or person's relation to the child who is the subject of
124	124	a proceeding under this title; or
125	125	(16) for payment of fees under Section 54.0462.
126	126	SECTION 6. Section 11, Article 42.12, Code of Criminal
127	127	Procedure, is amended by adding Subsection (j) to read as follows:
128	128	(j) A judge granting community supervision to a defendant
129	129	convicted of a felony shall require that the defendant, as a
130	130	condition of community supervision, provide a DNA sample under
131	131	Subchapter G, Chapter 411, Government Code, for the purpose of
132	132	creating a DNA record of the defendant, unless the defendant has
133	133	already submitted the required sample under other state law.
134	134	SECTION 7. (a) Section 102.021, Government Code, is
135	135	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
136	136	Legislature, Regular Session, 2007, and is further amended to read
137	137	as follows:
138	138	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
139	139	PROCEDURE. A person convicted of an offense shall pay the following
140	140	under the Code of Criminal Procedure, in addition to all other
141	141	costs:
142	142	(1) court cost on conviction of any offense, other
143	143	than a conviction of an offense relating to a pedestrian or the
144	144	parking of a motor vehicle (Art. 102.0045, Code of Criminal
145	145	Procedure) . . . $4;
146	146	(2) a fee for services of prosecutor (Art. 102.008,
147	147	Code of Criminal Procedure) . . . $25;
148	148	(3) fees for services of peace officer:
149	149	(A) issuing a written notice to appear in court
150	150	for certain violations (Art. 102.011, Code of Criminal Procedure)
151	151	. . . $5;
152	152	(B) executing or processing an issued arrest
153	153	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
154	154	Criminal Procedure) . . . $50;
155	155	(C) summoning a witness (Art. 102.011, Code of
156	156	Criminal Procedure) . . . $5;
157	157	(D) serving a writ not otherwise listed (Art.
158	158	102.011, Code of Criminal Procedure) . . . $35;
159	159	(E) taking and approving a bond and, if
160	160	necessary, returning the bond to courthouse (Art. 102.011, Code of
161	161	Criminal Procedure) . . . $10;
162	162	(F) commitment or release (Art. 102.011, Code of
163	163	Criminal Procedure) . . . $5;
164	164	(G) summoning a jury (Art. 102.011, Code of
165	165	Criminal Procedure) . . . $5;
166	166	(H) attendance of a prisoner in habeas corpus
167	167	case if prisoner has been remanded to custody or held to bail (Art.
168	168	102.011, Code of Criminal Procedure) . . . $8 each day;
169	169	(I) mileage for certain services performed (Art.
170	170	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
171	171	(J) services of a sheriff or constable who serves
172	172	process and attends examining trial in certain cases (Art. 102.011,
173	173	Code of Criminal Procedure) . . . not to exceed $5;
174	174	(4) services of a peace officer in conveying a witness
175	175	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
176	176	$10 per day or part of a day, plus actual necessary travel expenses;
177	177	(5) overtime of peace officer for time spent
178	178	testifying in the trial or traveling to or from testifying in the
179	179	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
180	180	(6) court costs on an offense relating to rules of the
181	181	road, when offense occurs within a school crossing zone (Art.
182	182	102.014, Code of Criminal Procedure) . . . $25;
183	183	(7) court costs on an offense of passing a school bus
184	184	(Art. 102.014, Code of Criminal Procedure) . . . $25;
185	185	(8) court costs on an offense of truancy or
186	186	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
187	187	. . . $20;
188	188	(9) cost for visual recording of intoxication arrest
189	189	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
190	190	$15;
191	191	(10) cost of certain evaluations (Art. 102.018, Code
192	192	of Criminal Procedure) . . . actual cost;
193	193	(11) additional costs attendant to certain
194	194	intoxication convictions under Chapter 49, Penal Code, for
195	195	emergency medical services, trauma facilities, and trauma care
196	196	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
197	197	(12) additional costs attendant to certain child
198	198	sexual assault and related convictions, for child abuse prevention
199	199	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
200	200	(13) court cost for DNA testing for certain felonies
201	201	(Art. 102.020(a)(1) [102.020], Code of Criminal Procedure) . . .
202	202	$250;
203	203	(14) court cost for DNA testing for the [on an] offense
204	204	of public lewdness or indecent exposure (Art. 102.020(a)(2)
205	205	[102.020], Code of Criminal Procedure) . . . $50;
206	206	(15) court cost for DNA testing for certain felonies
207	207	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
208	208	(16) if required by the court, a restitution fee for
209	209	costs incurred in collecting restitution installments and for the
210	210	compensation to victims of crime fund (Art. 42.037, Code of
211	211	Criminal Procedure) . . . $12; [and]
212	212	(17) [(16)] if directed by the justice of the peace or
213	213	municipal court judge hearing the case, court costs on conviction
214	214	in a criminal action (Art. 45.041, Code of Criminal Procedure)
215	215	. . . part or all of the costs as directed by the judge; and
216	216	(18) costs attendant to convictions under Chapter 49,
217	217	Penal Code, and under Chapter 481, Health and Safety Code, to help
218	218	fund drug court programs established under Chapter 469, Health and
219	219	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
220	220	(b) Section 102.0215, Government Code, is repealed.
221	221	SECTION 8. Section 103.0212, Government Code, is amended to
222	222	conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151), Acts of
223	223	the 80th Legislature, Regular Session, 2007, and is further amended
224	224	to read as follows:
225	225	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
226	226	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
227	227	civil suit, as applicable, shall pay the following fees and costs
228	228	under the Family Code if ordered by the court or otherwise required:
229	229	(1) in family matters:
230	230	(A) issuing writ of withholding (Sec. 8.262,
231	231	Family Code) . . . $15;
232	232	(B) filing copy of writ of withholding to
233	233	subsequent employer (Sec. 8.267, Family Code) . . . $15;
234	234	(C) issuing and delivering modified writ of
235	235	withholding or notice of termination (Sec. 8.302, Family Code)
236	236	. . . $15;
237	237	(D) issuing and delivering notice of termination
238	238	of withholding (Sec. 8.303, Family Code) . . . $15;
239	239	(E) issuance of change of name certificate (Sec.
240	240	45.106, Family Code) . . . $10;
241	241	(F) protective order fee (Sec. 81.003, Family
242	242	Code) . . . $16;
243	243	(G) filing suit requesting adoption of child
244	244	(Sec. 108.006, Family Code) . . . $15;
245	245	(H) filing fees for suits affecting parent-child
246	246	relationship (Sec. 110.002, Family Code):
247	247	(i) suit or motion for modification (Sec.
248	248	110.002, Family Code) . . . $15;
249	249	(ii) motion for enforcement (Sec. 110.002,
250	250	Family Code) . . . $15;
251	251	(iii) notice of application for judicial
252	252	writ of withholding (Sec. 110.002, Family Code) . . . $15;
253	253	(iv) motion to transfer (Sec. 110.002,
254	254	Family Code) . . . $15;
255	255	(v) petition for license suspension (Sec.
256	256	110.002, Family Code) . . . $15;
257	257	(vi) motion to revoke a stay of license
258	258	suspension (Sec. 110.002, Family Code) . . . $15; and
259	259	(vii) motion for contempt (Sec. 110.002,
260	260	Family Code) . . . $15;
261	261	(I) order or writ of income withholding to be
262	262	delivered to employer (Sec. 110.004, Family Code) . . . not to
263	263	exceed $15;
264	264	(J) filing fee for transferred case (Sec.
265	265	110.005, Family Code) . . . $45;
266	266	(K) filing a writ of withholding (Sec. 158.319,
267	267	Family Code) . . . $15;
268	268	(L) filing a request for modified writ of
269	269	withholding or notice of termination (Sec. 158.403, Family Code)
270	270	. . . not to exceed $15;
271	271	(M) filing an administrative writ to employer
272	272	(Sec. 158.503, Family Code) . . . not to exceed $15; and
273	273	(N) genetic testing fees in relation to a child
274	274	born to a gestational mother (Sec. 160.762, Family Code) . . . as
275	275	assessed by the court; and
276	276	(2) in juvenile court:
277	277	(A) fee schedule for deferred prosecution
278	278	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
279	279	(B) a request fee for a teen court program
280	280	[administration fee] (Sec. 54.032, Family Code) . . . $20, if the
281	281	court ordering the fee is located in the Texas-Louisiana border
282	282	region, but otherwise not to exceed $10;
283	283	(C) court costs for juvenile probation diversion
284	284	fund (Sec. 54.0411, Family Code) . . . $20;
285	285	(D) a juvenile delinquency prevention fee (Sec.
286	286	54.0461, Family Code) . . . $50 [$5]; [and]
287	287	(E) a court fee for child's probationary period
288	288	(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
289	289	(F) a fee to cover costs of required duties of
290	290	teen court (Sec. 54.032, Family Code) . . . $20, if the court
291	291	ordering the fee is located in the Texas-Louisiana border region,
292	292	but otherwise not to exceed $10;
293	293	(G) a fee for DNA testing on commitment to
294	294	certain facilities (Sec. 54.0462, Family Code) . . . $50; and
295	295	(H) a fee for DNA testing after placement on
296	296	probation or as otherwise required by law (Sec. 54.0462, Family
297	297	Code) . . . $34.
298	298	SECTION 9. Subdivision (3), Section 411.141, Government
299	299	Code, is amended to read as follows:
300	300	(3) "Criminal justice agency" means:
301	301	(A) a federal or state agency that is engaged in
302	302	the administration of criminal justice under a statute or executive
303	303	order and that allocates a substantial part of its annual budget to
304	304	the administration of criminal justice;
305	305	(B) a secure correctional facility as defined by
306	306	Section 1.07, Penal Code; or
307	307	(C) a community supervision and corrections
308	308	department, a parole office, or a local juvenile probation
309	309	department or parole office [has the meaning assigned by Article
310	310	60.01, Code of Criminal Procedure].
311	311	SECTION 10. Subsections (a), (d), (f-1), (j), and (k),
312	312	Section 411.148, Government Code, are amended to read as follows:
313	313	(a) This section applies to:
314	314	(1) an individual, other than a juvenile, who is:
315	315	(A) ordered by a magistrate or court to provide a
316	316	DNA sample under Section 411.154 or other law, including as part of
317	317	an order granting community supervision to the individual; or
318	318	(B) confined in a penal institution operated by
319	319	or under contract with the Texas Department of Criminal Justice; or
320	320	(2) a juvenile who [is], following [after] an
321	321	adjudication for conduct constituting a felony, is:
322	322	(A) confined in a facility operated by or under
323	323	contract with the Texas Youth Commission; or
324	324	(B) placed on probation, if the conduct
325	325	constitutes a felony described by Section 54.0409, Family Code.
326	326	(d) If an individual described by Subsection (a)(1)(B) is
327	327	received into custody by the Texas Department of Criminal Justice,
328	328	that department shall collect the sample from the individual during
329	329	the diagnostic process or at another time determined by the Texas
330	330	Department of Criminal Justice. If an individual described by
331	331	Subsection (a)(2)(A) is received into custody by the Texas Youth
332	332	Commission, the youth commission shall collect the sample from the
333	333	individual during the initial examination or at another time
334	334	determined by the youth commission. If an individual who is
335	335	required under this section or other law to provide a DNA sample is
336	336	in the custody or under the supervision of another criminal justice
337	337	agency, such as a community supervision and corrections department,
338	338	a parole office, or a local juvenile probation department or parole
339	339	office, that agency shall collect the sample from the individual at
340	340	a time determined by the agency.
341	341	(f-1) The Texas Youth Commission shall notify the director
342	342	that an individual described by Subsection (a)(2)(A) [(a)(2)] is to
343	343	be released from custody not earlier than the 120th day before the
344	344	individual's release date.
345	345	(j)(1) The Texas Youth Commission as soon as practicable
346	346	shall cause a sample to be collected from an individual described by
347	347	Subsection (a)(2)(A) [(a)(2)] if:
348	348	(A) the individual is detained in another
349	349	juvenile detention facility after adjudication and before
350	350	admission to the youth commission; and
351	351	(B) the youth commission determines the
352	352	individual is likely to be released before being admitted to the
353	353	youth commission.
354	354	(2) The administrator of the other juvenile detention
355	355	facility shall cooperate with the Texas Youth Commission as
356	356	necessary to allow the youth commission to perform its duties under
357	357	this subsection.
358	358	(k) When a criminal justice agency of this state agrees to
359	359	accept custody or supervision of an individual from another state
360	360	or jurisdiction under an interstate compact or a reciprocal
361	361	agreement with a local, county, state, or federal agency, the
362	362	criminal justice agency that agrees to accept custody or
363	363	supervision of the individual shall collect [acceptance is
364	364	conditional on the individual providing] a DNA sample under this
365	365	subchapter if the individual was convicted of or adjudicated as
366	366	having engaged in conduct constituting a felony and is otherwise
367	367	required to provide a DNA sample under this section.
368	368	SECTION 11. Subsection (e), Section 411.148, Government
369	369	Code, is repealed.
370	370	SECTION 12. (a) The changes in law made by this Act in
371	371	adding Subsection (j), Section 11, Article 42.12, Code of Criminal
372	372	Procedure, and Section 54.0409, Family Code, apply only to a person
373	373	who is granted community supervision or placed on juvenile
374	374	probation on or after the effective date of this Act.
375	375	(b) The changes in law made by this Act in amending Article
376	376	102.020, Code of Criminal Procedure, and adding Section 54.0462,
377	377	Family Code, apply only to an offense committed or conduct engaged
378	378	in on or after the effective date of this Act. An offense committed
379	379	or conduct engaged in before the effective date of this Act is
380	380	covered by the law in effect at the time the offense was committed
381	381	or the conduct was engaged in, and the former law is continued in
382	382	effect for that purpose. For purposes of this section, an offense
383	383	was committed or conduct was engaged in before the effective date of
384	384	this Act if any element of the offense or conduct occurred before
385	385	that date.
386	386	SECTION 13. To the extent of any conflict, this Act prevails
387	387	over another Act of the 81st Legislature, Regular Session, 2009,
388	388	relating to nonsubstantive additions to and corrections in enacted
389	389	codes.
390	390	SECTION 14. This Act does not make an appropriation. A
391	391	provision in this Act that creates a new governmental program,
392	392	creates a new entitlement, or imposes a new duty on a governmental
393	393	entity is not mandatory during a fiscal period for which the
394	394	legislature has not made a specific appropriation to implement the
395	395	provision.
396	396	SECTION 15. This Act takes effect September 1, 2009.
397	397	______________________________ ______________________________
398	398	President of the Senate Speaker of the House
399	399	I hereby certify that S.B. No. 727 passed the Senate on
400	400	April 14, 2009, by the following vote: Yeas 30, Nays 0;
401	401	May 15, 2009, Senate refused to concur in House amendments and
402	402	requested appointment of Conference Committee; May 18, 2009, House
403	403	granted request of the Senate; May 30, 2009, Senate adopted
404	404	Conference Committee Report by the following vote: Yeas 31,
405	405	Nays 0.
406	406	______________________________
407	407	Secretary of the Senate
408	408	I hereby certify that S.B. No. 727 passed the House, with
409	409	amendments, on May 12, 2009, by the following vote: Yeas 143,
410	410	Nays 0, one present not voting; May 18, 2009, House granted request
411	411	of the Senate for appointment of Conference Committee;
412	412	May 28, 2009, House adopted Conference Committee Report by the
413	413	following vote: Yeas 138, Nays 5, one present not voting.
414	414	______________________________
415	415	Chief Clerk of the House
416	416	Approved:
417	417	______________________________
418	418	Date
419	419	______________________________
420	420	Governor