86R5214 MAW-F
By: Smith H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to the creation and storage of DNA records for a person
arrested for a felony offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Krystal Jean Baker
Act.
SECTION 2. Article 42A.352, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.352. DNA SAMPLE. A judge granting community
supervision to a defendant convicted of a felony shall require as a
condition of community supervision that the defendant provide a DNA
sample under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant, unless the
defendant has already submitted the required sample under Section
411.1471, Government Code, or other [state] law.
SECTION 3. Article 102.020(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person shall pay as a cost of court:
(1) $250 on conviction of any [an] offense punishable
as a felony [listed in Section 411.1471(a)(1), Government Code];
(2) $50 on conviction of a misdemeanor [an] offense
described by Section 411.1471(a)(2) [411.1471(a)(3)], Government
Code; or
(3) $34 on placement of the person on community
supervision, including deferred adjudication community
supervision, if the person is required to submit a DNA sample under
Article 42A.352.
SECTION 4. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of parent contributing
to student nonattendance (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for a felony [certain
felonies] (Art. 102.020(a)(1), Code of Criminal Procedure) . . .
$250;
(14) court cost for DNA testing for certain
misdemeanors [and felonies] (Art. 102.020(a)(2), Code of Criminal
Procedure) . . . $50;
(15) court cost for DNA testing for a felony [certain
felonies] (Art. 102.020(a)(3), Code of Criminal Procedure) . . .
$34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 122, 123, 124,
or 125, Government Code, or former law (Art. 102.0178, Code of
Criminal Procedure) . . . $60.
SECTION 5. Subchapter G, Chapter 411, Government Code, is
amended by adding Section 411.1425 to read as follows:
Sec. 411.1425. GRANT FUNDS. The director shall apply for
any available federal grant funds applicable to the creation and
storage of DNA records of persons arrested for certain offenses.
SECTION 6. The heading to Section 411.1471, Government
Code, is amended to read as follows:
Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR [,
CHARGED WITH,] OR CONVICTED OF CERTAIN OFFENSES.
SECTION 7. Section 411.1471, Government Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsection (b-1)
to read as follows:
(a) This section applies to a defendant who is:
(1) [indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
[(A) Section 20.04(a)(4);
[(B) Section 21.11;
[(C) Section 22.011;
[(D) Section 22.021;
[(E) Section 25.02;
[(F) Section 30.02(d);
[(G) Section 43.05;
[(H) Section 43.25;
[(I) Section 43.26;
[(J) Section 21.02; or
[(K) Section 20A.03;
[(2)] arrested for any offense punishable as a felony
[described by Subdivision (1) after having been previously
convicted of or placed on deferred adjudication for an offense
described by Subdivision (1) or an offense punishable under Section
30.02(c)(2), Penal Code]; or
(2) [(3)] convicted of an offense:
(A) under Title 5, Penal Code, [other than an
offense described by Subdivision (1),] that is punishable as a
Class A misdemeanor [or any higher category of offense], except for
an offense punishable as a Class A misdemeanor under Section 20.02,
22.01, or 22.05, Penal Code; or
(B) under Section 21.08, 25.04, 43.02(b), 43.03,
or 43.24, Penal Code.
(b) [After a defendant described by Subsection (a)(1) is
indicted or waives indictment, the court in which the case is
pending shall require the defendant to provide to a law enforcement
agency one or more specimens for the purpose of creating a DNA
record.] A law enforcement agency arresting a defendant described
by Subsection (a)(1) [(a)(2)], 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.
(b-1) After a defendant described by Subsection (a)(2)
[(a)(3)] is convicted, the court shall require the defendant to
provide to a law enforcement agency one or more specimens for the
purpose of creating a DNA record.
(e) Notwithstanding Subsection (d), on acquittal of a
defendant described by Subsection (a)(1) [or (2)] or dismissal of
the case against the defendant, the court shall order the law
enforcement agency taking the specimen to immediately destroy the
record of the collection of the specimen and require the department
to destroy the specimen and the record of its receipt.
SECTION 8. Section 411.1471(c), Government Code, is
repealed.
SECTION 9. Section 411.1471, Government Code, as amended by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 10. This Act takes effect September 1, 2019.