By: White H.B. No. 4121
A BILL TO BE ENTITLED
AN ACT
relating to the use of rapid DNA technology to identify, document
and record all persons arrested for a felony or a class A
misdemeanor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1471, Government Code, is amended by
amending Subsections (a-1) and (a-2) to read as follows:
(a-1) arrested for a felony or class A misdemeanor
(a-2) arrested for any misdemeanor after having previously
been convicted of or placed on deferred adjudication for an offense
described by Subsection (a-1) for an offense punishable under
Subdivision (1) or an offense punishable under Section 30.02
(C)(2), Penal Code; or
SECTION 2. Section 411.1471, Government Code, is amended by
removing Subsection (a-3)
SECTION 3. Section 411.1471, Government Code, is amended by
amending Subsection (b) to read as follows:
(b) A law enforcement agency arresting a defendant
described by Subsection (a), 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.
SECTION 4. Section 411.1471, Government Code, is amended by
amending Subsection (d) to read as follows:
(d) The director by rule shall require law enforcement
agencies taking a specimen under this section to take a buccal swab
specimen, preserve the specimen and maintain a record of the
collection of the specimen. The agency will conduct analysis of the
specimen utilizing standards approved by the Federal Bureau of
Investigation (FBI) for submission to its National DNA Index System
(NDIS). Refer to further information at
www.fbi.gov/services/laboratory/biometricanalysis/codis.
SECTION 5. This Act takes effect September 1, 2017.