| 1 | | - | By: Hernandez, Romero, Jr., Faircloth H.B. No. 238 |
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| 2 | | - | (Senate Sponsor - Perry) |
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| 3 | | - | (In the Senate - Received from the House May 9, 2017; |
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| 4 | | - | May 9, 2017, read first time and referred to Committee on Criminal |
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| 5 | | - | Justice; May 17, 2017, reported favorably by the following vote: |
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| 6 | | - | Yeas 8, Nays 0; May 17, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 238 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to the creation of records of the DNA of certain defendants |
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| 13 | 6 | | for inclusion in the DNA database system. |
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| 14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 8 | | SECTION 1. Section 411.1471(a), Government Code, is amended |
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| 16 | 9 | | to read as follows: |
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| 17 | 10 | | (a) This section applies to a defendant who is: |
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| 18 | 11 | | (1) indicted or waives indictment for a felony |
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| 19 | 12 | | prohibited or punishable under any of the following Penal Code |
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| 20 | 13 | | sections: |
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| 21 | 14 | | (A) Section 20.04(a)(4); |
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| 22 | 15 | | (B) Section 21.11; |
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| 23 | 16 | | (C) Section 22.011; |
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| 24 | 17 | | (D) Section 22.021; |
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| 25 | 18 | | (E) Section 25.02; |
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| 26 | 19 | | (F) Section 30.02(d); |
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| 27 | 20 | | (G) Section 43.05; |
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| 28 | 21 | | (H) Section 43.25; |
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| 29 | 22 | | (I) Section 43.26; |
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| 30 | 23 | | (J) Section 21.02; or |
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| 31 | 24 | | (K) Section 20A.03; |
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| 32 | 25 | | (2) arrested for a felony described by Subdivision (1) |
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| 33 | 26 | | after having been previously convicted of or placed on deferred |
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| 34 | 27 | | adjudication for an offense described by Subdivision (1) or an |
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| 35 | 28 | | offense punishable under Section 30.02(c)(2), Penal Code; or |
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| 36 | 29 | | (3) convicted of an offense: |
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| 37 | 30 | | (A) under Title 5, Penal Code, other than an |
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| 38 | 31 | | offense described by Subdivision (1), that is punishable as a Class |
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| 39 | 32 | | A misdemeanor or any higher category of offense, except for an |
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| 40 | 33 | | offense punishable as a Class A misdemeanor under Section 20.02, |
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| 41 | 34 | | 22.01, or 22.05, Penal Code; or |
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| 42 | 35 | | (B) under Section 21.08, 25.04, 43.02(b), 43.03, |
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| 43 | 36 | | or 43.24, Penal Code. |
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| 44 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 45 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 46 | 39 | | An offense committed before the effective date of this Act is |
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| 47 | 40 | | governed by the law in effect on the date the offense was committed, |
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| 48 | 41 | | and the former law is continued in effect for that purpose. For |
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| 49 | 42 | | purposes of this section, an offense was committed before the |
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| 50 | 43 | | effective date of this Act if any element of the offense occurred |
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| 51 | 44 | | before that date. |
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| 52 | 45 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 53 | | - | * * * * * |
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| 46 | + | ______________________________ ______________________________ |
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| 47 | + | President of the Senate Speaker of the House |
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| 48 | + | I certify that H.B. No. 238 was passed by the House on May 8, |
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| 49 | + | 2017, by the following vote: Yeas 136, Nays 9, 1 present, not |
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| 50 | + | voting. |
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| 51 | + | ______________________________ |
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| 52 | + | Chief Clerk of the House |
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| 53 | + | I certify that H.B. No. 238 was passed by the Senate on May |
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| 54 | + | 23, 2017, by the following vote: Yeas 28, Nays 3. |
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| 55 | + | ______________________________ |
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| 56 | + | Secretary of the Senate |
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| 57 | + | APPROVED: _____________________ |
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| 58 | + | Date |
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| 59 | + | _____________________ |
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| 60 | + | Governor |
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