Texas House Bill HB1038

Texas 2013 - 83rd Regular

Caption

Relating to the creation of DNA records for the DNA database system; authorizing the imposition of a fee.

Impact

The bill is expected to have significant implications for how DNA evidence is handled within Texas’s criminal justice system. By requiring DNA samples from individuals arrested for particular felony offenses, the legislation is designed to create a more comprehensive DNA database that could assist in solving crimes and preventing wrongful convictions. Furthermore, the mandate for collection during the booking process may help streamline the procedures for gathering evidence, making it more efficient for law enforcement agencies. However, it also raises concerns regarding privacy and the potential for misuse of DNA information.

Summary

House Bill 1038 addresses the creation and management of DNA records within the state’s DNA database system. It establishes a legal framework for the collection of DNA samples from individuals charged with or convicted of specific offenses, alongside introducing a fee of $27 for the collection kit associated with taking the DNA sample. The bill mandates that law enforcement agencies collect DNA samples during the booking process for defendants arrested for serious offenses, ensuring that their DNA is entered into the crime database. This measure aims to enhance law enforcement's ability to solve crimes by expanding the pool of DNA records utilized in ongoing investigations.

Contention

Notably, there are points of contention surrounding the bill, particularly regarding the imposition of fees and concerns over civil liberties. Critics may argue that requiring a fee to cover the cost of DNA collection could disproportionately affect lower-income individuals who may be less able to pay. Moreover, debates over the ethical implications of collecting DNA samples could arise, especially regarding consent and the potential for future misuse of this sensitive genetic data. Overall, while the bill has a clear objective of aiding in crime resolution, the methods of implementation and the associated costs could lead to significant discussions in both legislative and community contexts.