Texas 2015 - 84th Regular

Texas House Bill HB3740 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R13471 MAW-D
2	2	By: Faircloth H.B. No. 3740
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 a person arrested for a
8	8	Class A misdemeanor or felony offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Krystal Gene Baker
11	11	Act.
12	12	SECTION 2. Section 11(j), Article 42.12, Code of Criminal
13	13	Procedure, is amended to read as follows:
14	14	(j) A judge granting community supervision to a defendant
15	15	convicted of a felony shall require that the defendant, as a
16	16	condition of community supervision, provide a DNA sample under
17	17	Subchapter G, Chapter 411, Government Code, for the purpose of
18	18	creating a DNA record of the defendant, unless the defendant has
19	19	already submitted the required sample under Section 411.1471,
20	20	Government Code, or other [state] law.
21	21	SECTION 3. Article 102.020(a), Code of Criminal Procedure,
22	22	is amended to read as follows:
23	23	(a) A person shall pay as a cost of court:
24	24	(1) $250 on conviction of any [an] offense punishable
25	25	as a Class A misdemeanor or higher [listed in Section
26	26	411.1471(a)(1), Government Code];
27	27	(2) $50 on conviction of any [an] offense punishable
28	28	as a Class B misdemeanor and specifically listed in Section
29	29	411.1471, Government Code [411.1471(a)(3) of that code]; or
30	30	(3) $34 on placement of the person on community
31	31	supervision, including deferred adjudication community
32	32	supervision, if the person is required to submit a DNA sample under
33	33	Section 11(j), Article 42.12.
34	34	SECTION 4. Section 102.021, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
37	37	PROCEDURE. A person convicted of an offense shall pay the following
38	38	under the Code of Criminal Procedure, in addition to all other
39	39	costs:
40	40	(1) court cost on conviction of any offense, other
41	41	than a conviction of an offense relating to a pedestrian or the
42	42	parking of a motor vehicle (Art. 102.0045, Code of Criminal
43	43	Procedure) . . . $4;
44	44	(2) a fee for services of prosecutor (Art. 102.008,
45	45	Code of Criminal Procedure) . . . $25;
46	46	(3) fees for services of peace officer:
47	47	(A) issuing a written notice to appear in court
48	48	for certain violations (Art. 102.011, Code of Criminal Procedure) .
49	49	. . $5;
50	50	(B) executing or processing an issued arrest
51	51	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
52	52	Procedure) . . . $50;
53	53	(C) summoning a witness (Art. 102.011, Code of
54	54	Criminal Procedure) . . . $5;
55	55	(D) serving a writ not otherwise listed (Art.
56	56	102.011, Code of Criminal Procedure) . . . $35;
57	57	(E) taking and approving a bond and, if
58	58	necessary, returning the bond to courthouse (Art. 102.011, Code of
59	59	Criminal Procedure) . . . $10;
60	60	(F) commitment or release (Art. 102.011, Code of
61	61	Criminal Procedure) . . . $5;
62	62	(G) summoning a jury (Art. 102.011, Code of
63	63	Criminal Procedure) . . . $5;
64	64	(H) attendance of a prisoner in habeas corpus
65	65	case if prisoner has been remanded to custody or held to bail (Art.
66	66	102.011, Code of Criminal Procedure) . . . $8 each day;
67	67	(I) mileage for certain services performed (Art.
68	68	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
69	69	(J) services of a sheriff or constable who serves
70	70	process and attends examining trial in certain cases (Art. 102.011,
71	71	Code of Criminal Procedure) . . . not to exceed $5;
72	72	(4) services of a peace officer in conveying a witness
73	73	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
74	74	$10 per day or part of a day, plus actual necessary travel expenses;
75	75	(5) overtime of peace officer for time spent
76	76	testifying in the trial or traveling to or from testifying in the
77	77	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
78	78	(6) court costs on an offense relating to rules of the
79	79	road, when offense occurs within a school crossing zone (Art.
80	80	102.014, Code of Criminal Procedure) . . . $25;
81	81	(7) court costs on an offense of passing a school bus
82	82	(Art. 102.014, Code of Criminal Procedure) . . . $25;
83	83	(8) court costs on an offense of truancy or
84	84	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
85	85	. . . $20;
86	86	(9) cost for visual recording of intoxication arrest
87	87	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
88	88	$15;
89	89	(10) cost of certain evaluations (Art. 102.018, Code
90	90	of Criminal Procedure) . . . actual cost;
91	91	(11) additional costs attendant to certain
92	92	intoxication convictions under Chapter 49, Penal Code, for
93	93	emergency medical services, trauma facilities, and trauma care
94	94	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
95	95	(12) additional costs attendant to certain child
96	96	sexual assault and related convictions, for child abuse prevention
97	97	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
98	98	(13) court cost for DNA testing for certain Class A
99	99	misdemeanors and felonies (Art. 102.020(a)(1), Code of Criminal
100	100	Procedure) . . . $250;
101	101	(14) court cost for DNA testing for certain Class B
102	102	misdemeanors [the offense of public lewdness or indecent exposure]
103	103	(Art. 102.020(a)(2), Code of Criminal Procedure) . . . $50;
104	104	(15) court cost for DNA testing for certain felonies
105	105	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
106	106	(16) if required by the court, a restitution fee for
107	107	costs incurred in collecting restitution installments and for the
108	108	compensation to victims of crime fund (Art. 42.037, Code of
109	109	Criminal Procedure) . . . $12;
110	110	(17) if directed by the justice of the peace or
111	111	municipal court judge hearing the case, court costs on conviction
112	112	in a criminal action (Art. 45.041, Code of Criminal Procedure) . . .
113	113	part or all of the costs as directed by the judge; and
114	114	(18) costs attendant to convictions under Chapter 49,
115	115	Penal Code, and under Chapter 481, Health and Safety Code, to help
116	116	fund drug court programs established under Chapter 122, 123, 124,
117	117	or 125, Government Code, or former law (Art. 102.0178, Code of
118	118	Criminal Procedure) . . . $60.
119	119	SECTION 5. The heading to Section 411.1471, Government
120	120	Code, is amended to read as follows:
121	121	Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR [CHARGED
122	122	WITH] OR CONVICTED OF CERTAIN OFFENSES [FELONIES].
123	123	SECTION 6. Section 411.1471, Government Code, is amended by
124	124	amending Subsections (a), (b), (e), and (f) and adding Subsection
125	125	(b-1) to read as follows:
126	126	(a) This section applies to a defendant who is:
127	127	(1) [indicted or waives indictment for a felony
128	128	prohibited or punishable under any of the following Penal Code
129	129	sections:
130	130	[(A) Section 20.04(a)(4);
131	131	[(B) Section 21.11;
132	132	[(C) Section 22.011;
133	133	[(D) Section 22.021;
134	134	[(E) Section 25.02;
135	135	[(F) Section 30.02(d);
136	136	[(G) Section 43.05;
137	137	[(H) Section 43.25;
138	138	[(I) Section 43.26;
139	139	[(J) Section 21.02; or
140	140	[(K) Section 20A.03;
141	141	[(2)] arrested for any offense punishable as a Class A
142	142	misdemeanor or higher [felony described by Subdivision (1) after
143	143	having been previously convicted of or placed on deferred
144	144	adjudication for an offense described by Subdivision (1) or an
145	145	offense punishable under Section 30.02(c)(2), Penal Code]; or
146	146	(2) [(3)] convicted of or placed on deferred
147	147	adjudication community supervision for an offense under Section
148	148	[21.07 or] 21.08, Penal Code.
149	149	(b) [After a defendant described by Subsection (a)(1) is
150	150	indicted or waives indictment, the court in which the case is
151	151	pending shall require the defendant to provide to a law enforcement
152	152	agency one or more specimens for the purpose of creating a DNA
153	153	record.] A law enforcement agency arresting a defendant described
154	154	by Subsection (a)(1) [(a)(2)], immediately after fingerprinting
155	155	the defendant and at the same location as the fingerprinting
156	156	occurs, shall require the defendant to provide one or more
157	157	specimens for the purpose of creating a DNA record.
158	158	(b-1) After a defendant described by Subsection (a)(2)
159	159	[(a)(3)] is convicted or placed on deferred adjudication, the court
160	160	shall require the defendant to provide to a law enforcement agency
161	161	one or more specimens for the purpose of creating a DNA record.
162	162	(e) Notwithstanding Subsection (d), on acquittal of a
163	163	defendant described by Subsection (a)(1) [or (2)] or dismissal of
164	164	the case against the defendant, the court shall order the law
165	165	enforcement agency taking the specimen to immediately destroy the
166	166	record of the collection of the specimen and require the department
167	167	to destroy the specimen and the record of its receipt.
168	168	(f) A defendant who provides a DNA sample under this section
169	169	is not required to provide a DNA sample under Section 411.148 of
170	170	this code or under Section 11(j), Article 42.12, Code of Criminal
171	171	Procedure, unless the [an] attorney representing the state in the
172	172	prosecution of the felony offense that makes Section 411.148 or
173	173	11(j) applicable to the defendant [offenses] establishes to the
174	174	satisfaction of the director that the interests of justice or
175	175	public safety require that the defendant provide additional
176	176	samples.
177	177	SECTION 7. Section 411.1471(c), Government Code, is
178	178	repealed.
179	179	SECTION 8. Section 411.1471, Government Code, as amended by
180	180	this Act, applies only to an offense committed on or after the
181	181	effective date of this Act. An offense committed before the
182	182	effective date of this Act is governed by the law in effect on the
183	183	date the offense was committed, and the former law is continued in
184	184	effect for that purpose. For purposes of this section, an offense
185	185	was committed before the effective date of this Act if any element
186	186	of the offense occurred before that date.
187	187	SECTION 9. This Act takes effect September 1, 2015.