84R10008 MAW-D
By: Hernandez H.B. No. 941
Substitute the following for H.B. No. 941:
By: Allen C.S.H.B. No. 941
A BILL TO BE ENTITLED
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. Article 102.020(h-1), Code of Criminal
Procedure, is amended to read as follows:
(h-1) The clerk of the court shall transfer to the
comptroller any funds received under Subsection (a)(2) or (3)
[(a)(3)]. The comptroller shall credit the funds to the Department
of Public Safety to help defray the cost of collecting or analyzing
[any analyses performed on] DNA samples provided by defendants who
are required to pay a court cost under this article.
SECTION 2. Section 102.021, Government Code, is 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, 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), Code of Criminal Procedure) $250;
(14) court cost for DNA testing for the offense of
public lewdness, [or] indecent exposure, or enticing a child (Art.
102.020(a)(2), 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;
(17) 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 122, 123, 124,
or 125, Government Code, or former law (Art. 102.0178, Code of
Criminal Procedure) . . . $60.
SECTION 3. Section 411.142(c), Government Code, is amended
to read as follows:
(c) The director may receive, analyze, store, and destroy a
DNA record or DNA sample for the purposes described by Section
411.143. If a DNA sample was collected solely for the purpose of
creating a DNA record, the director shall destroy the sample
immediately after any test results associated with the sample are
entered into the DNA database and the CODIS database.
SECTION 4. The heading to Section 411.1471, Government
Code, is amended to read as follows:
Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR, CHARGED
WITH, OR CONVICTED OF CERTAIN OFFENSES [FELONIES].
SECTION 5. Sections 411.1471(a), (b), and (f), Government
Code, are amended to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26;
(J) Section 21.02; or
(K) Section 20A.03;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense under Section 21.07, [or]
21.08, or 25.04, Penal Code.
(b) After a defendant described by Subsection (a)(1) is
indicted or waives indictment, the court in which the case is
pending shall require the defendant to provide to a law enforcement
agency one or more specimens for the purpose of creating a DNA
record. A law enforcement agency arresting a defendant described
by Subsection (a)(2), immediately after fingerprinting the
defendant and at the same location as the fingerprinting occurs,
shall require the defendant to provide one or more specimens for the
purpose of creating a DNA record. After a defendant described by
Subsection (a)(3) is convicted [or placed on deferred
adjudication], the court shall require the defendant to provide to
a law enforcement agency one or more specimens for the purpose of
creating a DNA record.
(f) A defendant who provides a DNA sample under this section
is not required to provide a DNA sample under Section 411.148 of
this code or under Section 11(j), Article 42.12, Code of Criminal
Procedure, unless the [an] attorney representing the state in the
prosecution of the felony offense that makes Section 411.148 or
11(j) applicable to the defendant [offenses] establishes to the
satisfaction of the director that the interests of justice or
public safety require that the defendant provide additional
samples.
SECTION 6. The change in law made by this Act in amending
Article 102.020, Code of Criminal Procedure, and Section 411.1471,
Government Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect at the
time the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2015.