Texas 2015 - 84th Regular

Texas Senate Bill SB725 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Perry S.B. No. 725
2	2	(In the Senate - Filed February 24, 2015; March 2, 2015,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 8, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 8, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 725 By: Perry
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the creation of DNA records for the DNA database system.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Articles 102.020(a) and (h-1), Code of Criminal
16	16	Procedure, are amended to read as follows:
17	17	(a) A person shall pay as a cost of court:
18	18	(1) $250 on conviction of an offense listed in Section
19	19	411.1471(a)(1), Government Code;
20	20	(2) $50 on conviction of an offense described by
21	21	[listed in] Section 411.1471(a)(3), Government Code, other than an
22	22	offense described by Subdivision (1) of this subsection [of that
23	23	code]; or
24	24	(3) $34 on placement of the person on:
25	25	(A) community supervision, including deferred
26	26	adjudication community supervision, if the person is required to
27	27	submit a DNA sample under Section 11(j), Article 42.12; or
28	28	(B) deferred adjudication community supervision
29	29	for an offense described by Section 411.1471(a)(4), Government
30	30	Code.
31	31	(h-1) The clerk of the court shall transfer to the
32	32	comptroller any funds received under Subsection (a)(2) or (3)
33	33	[(a)(3)]. The comptroller shall credit the funds to the Department
34	34	of Public Safety to help defray the cost of collecting or analyzing
35	35	[any analyses performed on] DNA samples provided by defendants who
36	36	are required to pay a court cost under this article.
37	37	SECTION 2. Section 102.021, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
40	40	PROCEDURE. A person convicted of an offense shall pay the following
41	41	under the Code of Criminal Procedure, in addition to all other
42	42	costs:
43	43	(1) court cost on conviction of any offense, other
44	44	than a conviction of an offense relating to a pedestrian or the
45	45	parking of a motor vehicle (Art. 102.0045, Code of Criminal
46	46	Procedure)$4;
47	47	(2) a fee for services of prosecutor (Art. 102.008,
48	48	Code of Criminal Procedure)$25;
49	49	(3) fees for services of peace officer:
50	50	(A) issuing a written notice to appear in court
51	51	for certain violations (Art. 102.011, Code of Criminal
52	52	Procedure)$5;
53	53	(B) executing or processing an issued arrest
54	54	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
55	55	Procedure)$50;
56	56	(C) summoning a witness (Art. 102.011, Code of
57	57	Criminal Procedure)$5;
58	58	(D) serving a writ not otherwise listed (Art.
59	59	102.011, Code of Criminal Procedure)$35;
60	60	(E) taking and approving a bond and, if
61	61	necessary, returning the bond to courthouse (Art. 102.011, Code of
62	62	Criminal Procedure)$10;
63	63	(F) commitment or release (Art. 102.011, Code of
64	64	Criminal Procedure)$5;
65	65	(G) summoning a jury (Art. 102.011, Code of
66	66	Criminal Procedure)$5;
67	67	(H) attendance of a prisoner in habeas corpus
68	68	case if prisoner has been remanded to custody or held to bail (Art.
69	69	102.011, Code of Criminal Procedure)$8 each day;
70	70	(I) mileage for certain services performed (Art.
71	71	102.011, Code of Criminal Procedure)$0.29 per mile; and
72	72	(J) services of a sheriff or constable who serves
73	73	process and attends examining trial in certain cases (Art. 102.011,
74	74	Code of Criminal Procedure)not to exceed $5;
75	75	(4) services of a peace officer in conveying a witness
76	76	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
77	77	$10 per day or part of a day, plus 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 arrest
90	90	before conviction (Art. 102.018, Code of Criminal Procedure)$15;
91	91	(10) cost of certain evaluations (Art. 102.018, Code
92	92	of Criminal Procedure)actual cost;
93	93	(11) additional costs attendant to certain
94	94	intoxication convictions under Chapter 49, Penal Code, for
95	95	emergency medical services, trauma facilities, and trauma care
96	96	systems (Art. 102.0185, Code of Criminal Procedure) $100;
97	97	(12) additional costs attendant to certain child
98	98	sexual assault and related convictions, for child abuse
99	99	prevention programs (Art. 102.0186, Code of Criminal
100	100	Procedure)$100;
101	101	(13) court cost for DNA testing for certain felonies
102	102	(Art. 102.020(a)(1), Code of Criminal Procedure) $250;
103	103	(14) court cost for DNA testing for certain
104	104	misdemeanors and felonies [the offense of public lewdness or
105	105	indecent exposure] (Art. 102.020(a)(2), Code of Criminal
106	106	Procedure)$50;
107	107	(15) court cost for DNA testing for certain
108	108	misdemeanors and felonies (Art. 102.020(a)(3), Code of Criminal
109	109	Procedure)$34;
110	110	(16) if required by the court, a restitution fee for
111	111	costs incurred in collecting restitution installments and for the
112	112	compensation to victims of crime fund (Art. 42.037, Code of
113	113	Criminal Procedure)$12;
114	114	(17) if directed by the justice of the peace or
115	115	municipal court judge hearing the case, court costs on conviction
116	116	in a criminal action (Art. 45.041, Code of Criminal Procedure)
117	117	. . . part or all of the costs as directed by the judge; and
118	118	(18) costs attendant to convictions under Chapter 49,
119	119	Penal Code, and under Chapter 481, Health and Safety Code, to help
120	120	fund drug court programs established under Chapter 122, 123, 124,
121	121	or 125, Government Code, or former law (Art. 102.0178, Code of
122	122	Criminal Procedure) . . . $60.
123	123	SECTION 3. Section 411.142(c), Government Code, is amended
124	124	to read as follows:
125	125	(c) The director may receive, analyze, store, and destroy a
126	126	DNA record or DNA sample for the purposes described by Section
127	127	411.143. If a DNA sample was collected solely for the purpose of
128	128	creating a DNA record, the director shall destroy the sample
129	129	immediately after any test results associated with the sample are
130	130	entered into the DNA database and the CODIS database.
131	131	SECTION 4. The heading to Section 411.1471, Government
132	132	Code, is amended to read as follows:
133	133	Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR, CHARGED
134	134	WITH, OR CONVICTED OF CERTAIN OFFENSES [FELONIES].
135	135	SECTION 5. Sections 411.1471(a), (b), and (f), Government
136	136	Code, are amended to read as follows:
137	137	(a) This section applies to a defendant who is:
138	138	(1) indicted or waives indictment for a felony
139	139	prohibited or punishable under any of the following Penal Code
140	140	sections:
141	141	(A) Section 20.04(a)(4);
142	142	(B) Section 21.11;
143	143	(C) Section 22.011;
144	144	(D) Section 22.021;
145	145	(E) Section 25.02;
146	146	(F) Section 30.02(d);
147	147	(G) Section 43.05;
148	148	(H) Section 43.25;
149	149	(I) Section 43.26;
150	150	(J) Section 21.02; or
151	151	(K) Section 20A.03;
152	152	(2) arrested for a felony described by Subdivision (1)
153	153	after having been previously convicted of or placed on deferred
154	154	adjudication for an offense described by Subdivision (1) or an
155	155	offense punishable under Section 30.02(c)(2), Penal Code; [or]
156	156	(3) convicted of an offense:
157	157	(A) under the Penal Code that is punishable as a
158	158	Class A misdemeanor or any higher category of offense, other than an
159	159	offense described by Subdivision (1); or
160	160	(B) under Title 5, Penal Code, that is punishable
161	161	as a Class B misdemeanor; or
162	162	(4) placed on deferred adjudication for an offense
163	163	under Section 21.07 or 21.08, Penal Code.
164	164	(b) After a defendant described by Subsection (a)(1) is
165	165	indicted or waives indictment, the court in which the case is
166	166	pending shall require the defendant to provide to a law enforcement
167	167	agency one or more specimens for the purpose of creating a DNA
168	168	record. A law enforcement agency arresting a defendant described
169	169	by Subsection (a)(2), immediately after fingerprinting the
170	170	defendant and at the same location as the fingerprinting occurs,
171	171	shall require the defendant to provide one or more specimens for the
172	172	purpose of creating a DNA record. After a defendant described by
173	173	Subsection (a)(3) or (4) is convicted or placed on deferred
174	174	adjudication, as applicable, the court shall require the defendant
175	175	to provide to a law enforcement agency one or more specimens for the
176	176	purpose of creating a DNA record.
177	177	(f) A defendant who provides a DNA sample under this section
178	178	is not required to provide a DNA sample under Section 411.148 of
179	179	this code or under Section 11(j), Article 42.12, Code of Criminal
180	180	Procedure, unless the [an] attorney representing the state in the
181	181	prosecution of the felony offense that makes Section 411.148 or
182	182	11(j) applicable to the defendant [offenses] establishes to the
183	183	satisfaction of the director that the interests of justice or
184	184	public safety require that the defendant provide additional
185	185	samples.
186	186	SECTION 6. The change in law made by this Act in amending
187	187	Article 102.020, Code of Criminal Procedure, and Section 411.1471,
188	188	Government Code, applies only to an offense committed on or after
189	189	the effective date of this Act. An offense committed before the
190	190	effective date of this Act is governed by the law in effect at the
191	191	time the offense was committed, and the former law is continued in
192	192	effect for that purpose. For purposes of this section, an offense
193	193	was committed before the effective date of this Act if any element
194	194	of the offense occurred before that date.
195	195	SECTION 7. This Act takes effect September 1, 2015.
196	196	* * * * *