S.B. No. 727
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. The heading to Article 102.020, Code of Criminal
Procedure, is amended to read as follows:
Art. 102.020. COSTS RELATED TO [ON CONVICTION FOR OFFENSES
REQUIRING] DNA TESTING.
SECTION 2. Article 102.020, Code of Criminal Procedure, is
amended by amending Subsections (a) and (h) and adding Subsections
(h-1) and (j) to read as follows:
(a) A person shall pay as a cost of court:
(1) $250 [as a court cost] on conviction of an offense
listed in Section 411.1471(a)(1), Government Code;
(2) [, and] $50 [as a court cost] on conviction of an
offense listed in Section 411.1471(a)(3) of that code; or
(3) $34 on placement of the person on community
supervision, including deferred adjudication community
supervision, if the person is required to submit a DNA sample under
Section 11(j), Article 42.12.
(h) Except as provided by Subsection (h-1), the [The]
comptroller shall deposit 35 percent of the funds received under
this article in the state treasury to the credit of the state
highway fund and 65 percent of the funds received under this article
to the credit of the criminal justice planning account in the
general revenue fund.
(h-1) The clerk of the court shall transfer to the
comptroller any funds received under Subsection (a)(3). The
comptroller shall credit the funds to the Department of Public
Safety to help defray the cost of any analyses performed on DNA
samples provided by defendants who are required to pay a court cost
under this article.
(j) The court may waive the imposition of a court cost under
this article if the court determines that the defendant is indigent
and unable to pay the cost.
SECTION 3. Chapter 54, Family Code, is amended by adding
Section 54.0409 to read as follows:
Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY
ADJUDICATIONS. (a) This section applies only to conduct
constituting the commission of a felony:
(1) that is listed in Section 3g(a)(1), Article 42.12,
Code of Criminal Procedure; or
(2) for which it is shown that a deadly weapon, as
defined by Section 1.07, Penal Code, was used or exhibited during
the commission of the conduct or during immediate flight from the
commission of the conduct.
(b) 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 to which this section
applies and the child 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 4. Chapter 54, Family Code, is amended by adding
Section 54.0462 to read as follows:
Sec. 54.0462. PAYMENT OF FEES FOR OFFENSES REQUIRING DNA
TESTING. (a) If a child is adjudicated as having engaged in
delinquent conduct that constitutes the commission of a felony and
the provision of a DNA sample is required under Section 54.0409 or
other law, the juvenile court shall order the child, parent, or
other person responsible for the child's support to pay to the court
as a cost of court:
(1) a $50 fee if the disposition of the case includes a
commitment to a facility operated by or under contract with the
Texas Youth Commission; and
(2) a $34 fee if the disposition of the case does not
include a commitment described by Subdivision (1) and the child is
required to submit a DNA sample under Section 54.0409 or other law.
(b) The clerk of the court shall transfer to the comptroller
any funds received under this section. The comptroller shall
credit the funds to the Department of Public Safety to help defray
the cost of any analyses performed on DNA samples provided by
children with respect to whom a court cost is collected under this
section.
(c) If the court finds that a child, parent, or other person
responsible for the child's support is unable to pay the fee
required under Subsection (a), the court shall enter into the
child's case records a statement of that finding. The court may
waive a fee under this section only if the court makes the finding
under this subsection.
SECTION 5. Subsection (a), Section 61.002, Family Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a proceeding to enter a juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) for payment of graffiti eradication fees under
Section 54.0461;
(4) for community service under Section 54.044(b);
(5) for payment of costs of court under Section
54.0411 or other provisions of law;
(6) requiring the person to refrain from doing any act
injurious to the welfare of the child under Section 54.041(a)(1);
(7) enjoining contact between the person and the child
who is the subject of a proceeding under Section 54.041(a)(2);
(8) ordering a person living in the same household
with the child to participate in counseling under Section
54.041(a)(3);
(9) requiring a parent or guardian of a child found to
be truant to participate in an available program addressing truancy
under Section 54.041(f);
(10) requiring a parent or other eligible person to
pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(11) requiring the parent or other eligible person to
reimburse the county for payments the county has made to an attorney
appointed to represent the child under Section 51.10(j);
(12) requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(13) requiring a parent or other eligible person to
attend a court hearing under Section 51.115;
(14) requiring a parent or other eligible person to
act or refrain from acting to aid the child in complying with
conditions of release from detention under Section 54.01(r); [or]
(15) requiring a parent or other eligible person to
act or refrain from acting under any law imposing an obligation of
action or omission on a parent or other eligible person because of
the parent's or person's relation to the child who is the subject of
a proceeding under this title; or
(16) for payment of fees under Section 54.0462.
SECTION 6. 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 7. (a) Section 102.021, Government Code, is
amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1) [102.020], Code of Criminal Procedure) . . .
$250;
(14) court cost for DNA testing for the [on an] offense
of public lewdness or indecent exposure (Art. 102.020(a)(2)
[102.020], Code of Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12; [and]
(17) [(16)] if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
(b) Section 102.0215, Government Code, is repealed.
SECTION 8. Section 103.0212, Government Code, is amended to
conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151), Acts of
the 80th Legislature, Regular Session, 2007, and is further amended
to read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a request fee for a teen court program
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $50 [$5]; [and]
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(F) a fee to cover costs of required duties of
teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(G) a fee for DNA testing on commitment to
certain facilities (Sec. 54.0462, Family Code) . . . $50; and
(H) a fee for DNA testing after placement on
probation or as otherwise required by law (Sec. 54.0462, Family
Code) . . . $34.
SECTION 9. Subdivision (3), Section 411.141, 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 10. Subsections (a), (d), (f-1), (j), and (k),
Section 411.148, 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, if the conduct
constitutes a felony described by Section 54.0409, Family Code.
(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.
(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
criminal justice agency that agrees to accept custody or
supervision of the individual shall collect [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 and is otherwise
required to provide a DNA sample under this section.
SECTION 11. Subsection (e), Section 411.148, Government
Code, is repealed.
SECTION 12. (a) The changes in law made by this Act in
adding Subsection (j), Section 11, 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.
(b) The changes in law made by this Act in amending Article
102.020, Code of Criminal Procedure, and adding Section 54.0462,
Family Code, apply only to an offense committed or conduct engaged
in on or after the effective date of this Act. An offense committed
or conduct engaged in before the effective date of this Act is
covered by the law in effect at the time the offense was committed
or the conduct was engaged in, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed or conduct was engaged in before the effective date of
this Act if any element of the offense or conduct occurred before
that date.
SECTION 13. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 14. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 15. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 727 passed the Senate on
April 14, 2009, by the following vote: Yeas 30, Nays 0;
May 15, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 18, 2009, House
granted request of the Senate; May 30, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 727 passed the House, with
amendments, on May 12, 2009, by the following vote: Yeas 143,
Nays 0, one present not voting; May 18, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2009, House adopted Conference Committee Report by the
following vote: Yeas 138, Nays 5, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor