1 | 1 | | By: Garcia S.B. No. 1163 |
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2 | 2 | | (In the Senate - Filed February 28, 2017; March 9, 2017, |
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3 | 3 | | read first time and referred to Committee on Criminal Justice; |
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4 | 4 | | March 29, 2017, reported adversely, with favorable Committee |
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5 | 5 | | Substitute by the following vote: Yeas 9, Nays 0; March 29, 2017, |
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6 | 6 | | sent to printer.) |
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7 | 7 | | Click here to see the committee vote |
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8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1163 By: Whitmire |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | A BILL TO BE ENTITLED |
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12 | 12 | | AN ACT |
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13 | 13 | | relating to establishing and funding a grant program for testing |
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14 | 14 | | evidence collected in relation to sexual assaults or other sex |
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15 | 15 | | offenses; authorizing voluntary contributions. |
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16 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. Subchapter A, Chapter 521, Transportation Code, |
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18 | 18 | | is amended by adding Section 521.012 to read as follows: |
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19 | 19 | | Sec. 521.012. VOLUNTARY CONTRIBUTION FOR EVIDENCE TESTING |
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20 | 20 | | GRANT PROGRAM. (a) When a person applies for an original or |
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21 | 21 | | renewal driver's license or personal identification certificate |
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22 | 22 | | under this chapter, the person may contribute $1 or more to the |
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23 | 23 | | evidence testing grant program established under Section |
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24 | 24 | | 772.00715, Government Code. |
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25 | 25 | | (b) The department shall: |
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26 | 26 | | (1) include space on the first page of each |
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27 | 27 | | application for an original or renewal driver's license or personal |
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28 | 28 | | identification certificate that allows a person applying for an |
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29 | 29 | | original or renewal driver's license or personal identification |
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30 | 30 | | certificate to indicate the amount that the person is voluntarily |
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31 | 31 | | contributing to the grant program; and |
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32 | 32 | | (2) provide an opportunity for the person to |
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33 | 33 | | contribute to the grant program during the application process for |
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34 | 34 | | an original or renewal driver's license or personal identification |
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35 | 35 | | certificate on the department's Internet website. |
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36 | 36 | | (c) The department shall send any contribution made under |
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37 | 37 | | this section to the comptroller for deposit to the credit of the |
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38 | 38 | | evidence testing account established under Section 772.00716, |
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39 | 39 | | Government Code, not later than the 14th day of each month. Before |
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40 | 40 | | sending the money to the comptroller, the department may deduct |
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41 | 41 | | money equal to the amount of reasonable expenses for administering |
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42 | 42 | | this section. |
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43 | 43 | | SECTION 2. Subchapter C, Chapter 522, Transportation Code, |
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44 | 44 | | is amended by adding Section 522.0295 to read as follows: |
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45 | 45 | | Sec. 522.0295. VOLUNTARY CONTRIBUTION FOR EVIDENCE TESTING |
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46 | 46 | | GRANT PROGRAM. (a) When a person applies for an original or |
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47 | 47 | | renewal commercial driver's license under this chapter, the person |
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48 | 48 | | may contribute $1 or more to the evidence testing grant program |
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49 | 49 | | established under Section 772.00715, Government Code. |
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50 | 50 | | (b) The department shall: |
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51 | 51 | | (1) include space on the first page of each |
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52 | 52 | | application for an original or renewal commercial driver's license |
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53 | 53 | | that allows a person applying for an original or renewal commercial |
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54 | 54 | | driver's license to indicate the amount that the person is |
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55 | 55 | | voluntarily contributing to the grant program; and |
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56 | 56 | | (2) provide an opportunity for the person to |
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57 | 57 | | contribute to the grant program during the application process for |
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58 | 58 | | an original or renewal commercial driver's license on the |
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59 | 59 | | department's Internet website. |
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60 | 60 | | (c) The department shall send any contribution made under |
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61 | 61 | | this section to the comptroller for deposit to the credit of the |
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62 | 62 | | evidence testing account established under Section 772.00716, |
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63 | 63 | | Government Code, not later than the 14th day of each month. Before |
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64 | 64 | | sending the money to the comptroller, the department may deduct |
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65 | 65 | | money equal to the amount of reasonable expenses for administering |
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66 | 66 | | this section. |
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67 | 67 | | SECTION 3. Subchapter A, Chapter 772, Government Code, is |
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68 | 68 | | amended by adding Sections 772.00715 and 772.00716 to read as |
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69 | 69 | | follows: |
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70 | 70 | | Sec. 772.00715. EVIDENCE TESTING GRANT PROGRAM. (a) In |
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71 | 71 | | this section: |
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72 | 72 | | (1) "Accredited crime laboratory" has the meaning |
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73 | 73 | | assigned by Section 420.003. |
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74 | 74 | | (2) "Criminal justice division" means the criminal |
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75 | 75 | | justice division established under Section 772.006. |
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76 | 76 | | (3) "Grant program" means the evidence testing grant |
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77 | 77 | | program established under this section. |
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78 | 78 | | (4) "Law enforcement agency" means: |
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79 | 79 | | (A) the police department of a municipality; |
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80 | 80 | | (B) the sheriff's office of a county; or |
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81 | 81 | | (C) a constable's office of a county. |
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82 | 82 | | (b) The criminal justice division shall establish and |
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83 | 83 | | administer a grant program and shall disburse funds to assist law |
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84 | 84 | | enforcement agencies or counties in testing evidence collected in |
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85 | 85 | | relation to a sexual assault or other sex offense. |
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86 | 86 | | (c) Grant funds may be used only for the testing by an |
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87 | 87 | | accredited crime laboratory of evidence that was collected in |
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88 | 88 | | relation to a sexual assault or other sex offense. |
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89 | 89 | | (d) The criminal justice division: |
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90 | 90 | | (1) may establish additional eligibility criteria for |
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91 | 91 | | grant applicants; and |
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92 | 92 | | (2) shall establish: |
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93 | 93 | | (A) grant application procedures; |
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94 | 94 | | (B) guidelines relating to grant amounts; and |
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95 | 95 | | (C) criteria for evaluating grant applications. |
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96 | 96 | | (e) The criminal justice division shall include in the |
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97 | 97 | | biennial report required by Section 772.006(a)(9) detailed |
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98 | 98 | | reporting of the results and performance of the grant program. |
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99 | 99 | | (f) The criminal justice division may use any revenue |
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100 | 100 | | available to the division to fund the grant program. |
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101 | 101 | | Sec. 772.00716. EVIDENCE TESTING ACCOUNT. (a) The |
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102 | 102 | | evidence testing account is created as a dedicated account in the |
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103 | 103 | | general revenue fund of the state treasury. |
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104 | 104 | | (b) Money in the account may be appropriated only to the |
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105 | 105 | | criminal justice division established under Section 772.006 for |
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106 | 106 | | purposes of the evidence testing grant program established under |
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107 | 107 | | Section 772.00715. |
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108 | 108 | | (c) Funds distributed under Section 772.00715 are subject |
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109 | 109 | | to audit by the comptroller. |
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110 | 110 | | SECTION 4. The changes in law made by this Act apply only to |
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111 | 111 | | a person who applies for an original or renewal driver's license, |
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112 | 112 | | commercial driver's license, or personal identification |
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113 | 113 | | certificate on or after January 1, 2018. |
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114 | 114 | | SECTION 5. This Act takes effect September 1, 2017. |
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115 | 115 | | * * * * * |
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