Texas House Bill HB1580

Texas 2019 - 86th Regular

Caption

Relating to the creation and storage of DNA records for a person arrested for a felony offense.

Impact

The bill modifies existing statutes in the Code of Criminal Procedure and the Government Code, particularly Sections concerning DNA sample collection and its applications. Proposed changes include a requirement for judges to mandate DNA samples as a condition of community supervision for felony convictions, and adjustments to the court costs associated with DNA testing. This shift is aimed at enhancing public safety by facilitating the efficient processing of DNA in criminal cases, potentially leading to higher conviction rates and the resolution of unsolved crimes.

Summary

House Bill 1580, known as the Krystal Jean Baker Act, addresses the creation and storage of DNA records for individuals arrested for felony offenses. The bill mandates that individuals arrested for certain felonies provide DNA specimens, which will be recorded and stored by law enforcement agencies. This procedure is to be conducted immediately after the defendant is fingerprinted, streamlining the process of DNA collection to help in criminal investigations and prosecutions. The bill also stipulates conditions under which DNA samples might be collected post-conviction, reinforcing the state’s commitment to utilizing advanced forensic science.

Contention

Despite its intentions, HB 1580 raises various points of concern among advocacy groups and civil liberties organizations. Critics argue that mandatory DNA collection from felony arrestees could contribute to privacy violations and extend state overreach into individual rights, especially considering the irreversible nature of DNA data storage and potential misuse. Furthermore, there are concerns about the implications for individuals who are acquitted or have charges dismissed, called upon to destroy their DNA records and any related documentation. Overall, discussions surrounding the bill highlight a tension between public safety initiatives and the preservation of personal freedoms.