| 1 | 1 | | By: White H.B. No. 4121 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the use of rapid DNA technology to identify, document |
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| 7 | 7 | | and record all persons arrested for a felony or a class A |
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| 8 | 8 | | misdemeanor. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.1471, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (a-1) and (a-2) to read as follows: |
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| 12 | 12 | | (a-1) arrested for a felony or class A misdemeanor |
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| 13 | 13 | | (a-2) arrested for any misdemeanor after having previously |
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| 14 | 14 | | been convicted of or placed on deferred adjudication for an offense |
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| 15 | 15 | | described by Subsection (a-1) for an offense punishable under |
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| 16 | 16 | | Subdivision (1) or an offense punishable under Section 30.02 |
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| 17 | 17 | | (C)(2), Penal Code; or |
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| 18 | 18 | | SECTION 2. Section 411.1471, Government Code, is amended by |
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| 19 | 19 | | removing Subsection (a-3) |
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| 20 | 20 | | SECTION 3. Section 411.1471, Government Code, is amended by |
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| 21 | 21 | | amending Subsection (b) to read as follows: |
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| 22 | 22 | | (b) A law enforcement agency arresting a defendant |
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| 23 | 23 | | described by Subsection (a), immediately after fingerprinting the |
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| 24 | 24 | | defendant and at the same location as the fingerprinting occurs, |
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| 25 | 25 | | shall require the defendant to provide one or more specimens for the |
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| 26 | 26 | | purpose of creating a DNA record. |
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| 27 | 27 | | SECTION 4. Section 411.1471, Government Code, is amended by |
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| 28 | 28 | | amending Subsection (d) to read as follows: |
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| 29 | 29 | | (d) The director by rule shall require law enforcement |
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| 30 | 30 | | agencies taking a specimen under this section to take a buccal swab |
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| 31 | 31 | | specimen, preserve the specimen and maintain a record of the |
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| 32 | 32 | | collection of the specimen. The agency will conduct analysis of the |
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| 33 | 33 | | specimen utilizing standards approved by the Federal Bureau of |
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| 34 | 34 | | Investigation (FBI) for submission to its National DNA Index System |
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| 35 | 35 | | (NDIS). Refer to further information at |
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| 36 | 36 | | www.fbi.gov/services/laboratory/biometricanalysis/codis. |
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| 37 | 37 | | SECTION 5. This Act takes effect September 1, 2017. |
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