Texas 2013 - 83rd Regular

Texas Senate Bill SB767 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Patrick, Davis S.B. No. 767
2	2	(In the Senate - Filed February 22, 2013; February 26, 2013,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 3, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 0; April 3, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 767 By: Patrick
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of DNA records for the DNA database system.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsections (a) and (h-1), Article 102.020, Code
15	15	of Criminal Procedure, are amended to read as follows:
16	16	(a) A person shall pay as a cost of court:
17	17	(1) $250 on conviction of an offense listed in Section
18	18	411.1471(a)(1), Government Code;
19	19	(2) $50 on conviction of an offense described by
20	20	[listed in] Section 411.1471(a)(3), Government Code, other than an
21	21	offense described by Subdivision (1) of this subsection [of that
22	22	code]; or
23	23	(3) $34 on placement of the person on:
24	24	(A) community supervision, including deferred
25	25	adjudication community supervision, if the person is required to
26	26	submit a DNA sample under Section 11(j), Article 42.12; or
27	27	(B) deferred adjudication community supervision
28	28	for an offense described by Section 411.1471(a)(4), Government
29	29	Code.
30	30	(h-1) The clerk of the court shall transfer to the
31	31	comptroller any funds received under Subsection (a)(2) or (3)
32	32	[(a)(3)]. The comptroller shall credit the funds to the Department
33	33	of Public Safety to help defray the cost of collecting or analyzing
34	34	[any analyses performed on] DNA samples provided by defendants who
35	35	are required to pay a court cost under this article.
36	36	SECTION 2. Section 102.021, Government Code, is amended to
37	37	read as follows:
38	38	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
39	39	PROCEDURE. A person convicted of an offense shall pay the following
40	40	under the Code of Criminal Procedure, in addition to all other
41	41	costs:
42	42	(1) court cost on conviction of any offense, other
43	43	than a conviction of an offense relating to a pedestrian or the
44	44	parking of a motor vehicle (Art. 102.0045, Code of Criminal
45	45	Procedure)$4;
46	46	(2) a fee for services of prosecutor (Art. 102.008,
47	47	Code of Criminal Procedure)$25;
48	48	(3) fees for services of peace officer:
49	49	(A) issuing a written notice to appear in court
50	50	for certain violations (Art. 102.011, Code of Criminal
51	51	Procedure)$5;
52	52	(B) executing or processing an issued arrest
53	53	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
54	54	Procedure)$50;
55	55	(C) summoning a witness (Art. 102.011, Code of
56	56	Criminal Procedure)$5;
57	57	(D) serving a writ not otherwise listed (Art.
58	58	102.011, Code of Criminal Procedure)$35;
59	59	(E) taking and approving a bond and, if
60	60	necessary, returning the bond to courthouse (Art. 102.011, Code of
61	61	Criminal Procedure)$10;
62	62	(F) commitment or release (Art. 102.011, Code of
63	63	Criminal Procedure)$5;
64	64	(G) summoning a jury (Art. 102.011, Code of
65	65	Criminal Procedure)$5;
66	66	(H) attendance of a prisoner in habeas corpus
67	67	case if prisoner has been remanded to custody or held to bail (Art.
68	68	102.011, Code of Criminal Procedure)$8 each day;
69	69	(I) mileage for certain services performed (Art.
70	70	102.011, Code of Criminal Procedure)$0.29 per mile; and
71	71	(J) services of a sheriff or constable who serves
72	72	process and attends examining trial in certain cases (Art. 102.011,
73	73	Code of Criminal Procedure)not to exceed $5;
74	74	(4) services of a peace officer in conveying a
75	75	witness outside the county (Art. 102.011, Code of
76	76	Criminal Procedure) . . . $10 per day or part of a day, plus
77	77	actual necessary travel expenses;
78	78	(5) overtime of peace officer for time spent
79	79	testifying in the trial or traveling to or from testifying in the
80	80	trial (Art. 102.011, Code of Criminal Procedure) actual cost;
81	81	(6) court costs on an offense relating to rules of the
82	82	road, when offense occurs within a school crossing zone (Art.
83	83	102.014, Code of Criminal Procedure)$25;
84	84	(7) court costs on an offense of passing a school bus
85	85	(Art. 102.014, Code of Criminal Procedure)$25;
86	86	(8) court costs on an offense of truancy or
87	87	contributing to truancy (Art. 102.014, Code of Criminal
88	88	Procedure)$20;
89	89	(9) cost for visual recording of intoxication
90	90	arrest before conviction (Art. 102.018, Code of Criminal
91	91	Procedure)$15;
92	92	(10) cost of certain evaluations (Art. 102.018, Code
93	93	of Criminal Procedure) actual cost;
94	94	(11) additional costs attendant to certain
95	95	intoxication convictions under Chapter 49, Penal Code, for
96	96	emergency medical services, trauma facilities, and trauma care
97	97	systems (Art. 102.0185, Code of Criminal Procedure) $100;
98	98	(12) additional costs attendant to certain child
99	99	sexual assault and related convictions, for child abuse
100	100	prevention programs (Art. 102.0186, Code of Criminal
101	101	Procedure) $100;
102	102	(13) court cost for DNA testing for certain felonies
103	103	(Art. 102.020(a)(1), Code of Criminal Procedure) $250;
104	104	(14) court cost for DNA testing for certain
105	105	misdemeanors and felonies [the offense of public lewdness or
106	106	indecent exposure] (Art. 102.020(a)(2), Code of Criminal
107	107	Procedure)$50;
108	108	(15) court cost for DNA testing for certain
109	109	misdemeanors and felonies (Art. 102.020(a)(3), Code of Criminal
110	110	Procedure)$34;
111	111	(16) if required by the court, a restitution fee for
112	112	costs incurred in collecting restitution installments and for the
113	113	compensation to victims of crime fund (Art. 42.037, Code of
114	114	Criminal Procedure)$12;
115	115	(17) if directed by the justice of the peace or
116	116	municipal court judge hearing the case, court costs on
117	117	conviction in a criminal action (Art. 45.041, Code of
118	118	Criminal Procedure) . . . part or all of the costs as directed by
119	119	the judge; and
120	120	(18) costs attendant to convictions under Chapter 49,
121	121	Penal Code, and under Chapter 481, Health and Safety Code, to help
122	122	fund drug court programs established under Chapter 469, Health and
123	123	Safety Code (Art. 102.0178, Code of Criminal Procedure)$60.
124	124	SECTION 3. Subsection (c), Section 411.142, Government
125	125	Code, is amended to read as follows:
126	126	(c) The director may receive, analyze, store, and destroy a
127	127	DNA record or DNA sample for the purposes described by Section
128	128	411.143. If a DNA sample was collected solely for the purpose of
129	129	creating a DNA record, the director shall destroy the sample
130	130	immediately after any test results associated with the sample are
131	131	entered into the DNA database and the CODIS database.
132	132	SECTION 4. The heading to Section 411.1471, Government
133	133	Code, is amended to read as follows:
134	134	Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR
135	135	CONVICTED OF CERTAIN OFFENSES [FELONIES].
136	136	SECTION 5. Subsections (a), (b), and (f), Section 411.1471,
137	137	Government Code, are amended to read as follows:
138	138	(a) This section applies to a defendant who is:
139	139	(1) indicted or waives indictment for a felony
140	140	prohibited or punishable under any of the following Penal Code
141	141	sections:
142	142	(A) Section 20.04(a)(4);
143	143	(B) Section 21.11;
144	144	(C) Section 22.011;
145	145	(D) Section 22.021;
146	146	(E) Section 25.02;
147	147	(F) Section 30.02(d);
148	148	(G) Section 43.05;
149	149	(H) Section 43.25;
150	150	(I) Section 43.26;
151	151	(J) Section 21.02; or
152	152	(K) Section 20A.03;
153	153	(2) arrested for a felony described by Subdivision (1)
154	154	after having been previously convicted of or placed on deferred
155	155	adjudication for an offense described by Subdivision (1) or an
156	156	offense punishable under Section 30.02(c)(2), Penal Code; [or]
157	157	(3) convicted of an offense punishable as a Class B
158	158	misdemeanor or any higher category of offense; or
159	159	(4) placed on deferred adjudication for an offense
160	160	under Section 21.07 or 21.08, Penal Code.
161	161	(b) After a defendant described by Subsection (a)(1) is
162	162	indicted or waives indictment, the court in which the case is
163	163	pending shall require the defendant to provide to a law enforcement
164	164	agency one or more specimens for the purpose of creating a DNA
165	165	record. A law enforcement agency arresting a defendant described
166	166	by Subsection (a)(2), immediately after fingerprinting the
167	167	defendant and at the same location as the fingerprinting occurs,
168	168	shall require the defendant to provide one or more specimens for the
169	169	purpose of creating a DNA record. After a defendant described by
170	170	Subsection (a)(3) or (4) is convicted or placed on deferred
171	171	adjudication, as applicable, the court shall require the defendant
172	172	to provide to a law enforcement agency one or more specimens for the
173	173	purpose of creating a DNA record.
174	174	(f) A defendant who provides a DNA sample under this section
175	175	is not required to provide a DNA sample under Section 411.148 unless
176	176	an attorney representing the state [in the prosecution of felony
177	177	offenses] establishes to the satisfaction of the director that the
178	178	interests of justice or public safety require that the defendant
179	179	provide additional samples.
180	180	SECTION 6. The change in law made by this Act in amending
181	181	Article 102.020, Code of Criminal Procedure, and Section 411.1471,
182	182	Government Code, applies only to an offense committed on or after
183	183	the effective date of this Act. An offense committed before the
184	184	effective date of this Act is covered by the law in effect at the
185	185	time the offense was committed, and the former law is continued in
186	186	effect for that purpose. For purposes of this section, an offense
187	187	was committed before the effective date of this Act if any element
188	188	of the offense occurred before that date.
189	189	SECTION 7. This Act takes effect September 1, 2013.
190	190	* * * * *