Texas 2019 - 86th Regular

Texas House Bill HB1580 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5214 MAW-F
2	2	By: Phelan H.B. No. 1580
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and storage of DNA records for a person
8	8	arrested for a felony offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Krystal Jean Baker
11	11	Act.
12	12	SECTION 2. Article 42A.352, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 42A.352. DNA SAMPLE. A judge granting community
15	15	supervision to a defendant convicted of a felony shall require as a
16	16	condition of community supervision that the defendant provide a DNA
17	17	sample under Subchapter G, Chapter 411, Government Code, for the
18	18	purpose of creating a DNA record of the defendant, unless the
19	19	defendant has already submitted the required sample under Section
20	20	411.1471, Government Code, or other [state] law.
21	21	SECTION 3. Article 102.020(a), Code of Criminal Procedure,
22	22	is amended to read as follows:
23	23	(a) A person shall pay as a cost of court:
24	24	(1) $250 on conviction of any [an] offense punishable
25	25	as a felony [listed in Section 411.1471(a)(1), Government Code];
26	26	(2) $50 on conviction of a misdemeanor [an] offense
27	27	described by Section 411.1471(a)(2) [411.1471(a)(3)], Government
28	28	Code; or
29	29	(3) $34 on placement of the person on community
30	30	supervision, including deferred adjudication community
31	31	supervision, if the person is required to submit a DNA sample under
32	32	Article 42A.352.
33	33	SECTION 4. Section 102.021, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
36	36	PROCEDURE. A person convicted of an offense shall pay the following
37	37	under the Code of Criminal Procedure, in addition to all other
38	38	costs:
39	39	(1) court cost on conviction of any offense, other
40	40	than a conviction of an offense relating to a pedestrian or the
41	41	parking of a motor vehicle (Art. 102.0045, Code of Criminal
42	42	Procedure) . . . $4;
43	43	(2) a fee for services of prosecutor (Art. 102.008,
44	44	Code of Criminal Procedure) . . . $25;
45	45	(3) fees for services of peace officer:
46	46	(A) issuing a written notice to appear in court
47	47	for certain violations (Art. 102.011, Code of Criminal Procedure)
48	48	. . . $5;
49	49	(B) executing or processing an issued arrest
50	50	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
51	51	Procedure) . . . $50;
52	52	(C) summoning a witness (Art. 102.011, Code of
53	53	Criminal Procedure) . . . $5;
54	54	(D) serving a writ not otherwise listed (Art.
55	55	102.011, Code of Criminal Procedure) . . . $35;
56	56	(E) taking and approving a bond and, if
57	57	necessary, returning the bond to courthouse (Art. 102.011, Code of
58	58	Criminal Procedure) . . . $10;
59	59	(F) commitment or release (Art. 102.011, Code of
60	60	Criminal Procedure) . . . $5;
61	61	(G) summoning a jury (Art. 102.011, Code of
62	62	Criminal Procedure) . . . $5;
63	63	(H) attendance of a prisoner in habeas corpus
64	64	case if prisoner has been remanded to custody or held to bail (Art.
65	65	102.011, Code of Criminal Procedure) . . . $8 each day;
66	66	(I) mileage for certain services performed (Art.
67	67	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
68	68	(J) services of a sheriff or constable who serves
69	69	process and attends examining trial in certain cases (Art. 102.011,
70	70	Code of Criminal Procedure) . . . not to exceed $5;
71	71	(4) services of a peace officer in conveying a witness
72	72	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
73	73	$10 per day or part of a day, plus actual necessary travel expenses;
74	74	(5) overtime of peace officer for time spent
75	75	testifying in the trial or traveling to or from testifying in the
76	76	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
77	77	(6) court costs on an offense relating to rules of the
78	78	road, when offense occurs within a school crossing zone (Art.
79	79	102.014, Code of Criminal Procedure) . . . $25;
80	80	(7) court costs on an offense of passing a school bus
81	81	(Art. 102.014, Code of Criminal Procedure) . . . $25;
82	82	(8) court costs on an offense of parent contributing
83	83	to student nonattendance (Art. 102.014, Code of Criminal Procedure)
84	84	. . . $20;
85	85	(9) cost for visual recording of intoxication arrest
86	86	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
87	87	$15;
88	88	(10) cost of certain evaluations (Art. 102.018, Code
89	89	of Criminal Procedure) . . . actual cost;
90	90	(11) additional costs attendant to certain
91	91	intoxication convictions under Chapter 49, Penal Code, for
92	92	emergency medical services, trauma facilities, and trauma care
93	93	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
94	94	(12) additional costs attendant to certain child
95	95	sexual assault and related convictions, for child abuse prevention
96	96	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
97	97	(13) court cost for DNA testing for a felony [certain
98	98	felonies] (Art. 102.020(a)(1), Code of Criminal Procedure) . . .
99	99	$250;
100	100	(14) court cost for DNA testing for certain
101	101	misdemeanors [and felonies] (Art. 102.020(a)(2), Code of Criminal
102	102	Procedure) . . . $50;
103	103	(15) court cost for DNA testing for a felony [certain
104	104	felonies] (Art. 102.020(a)(3), Code of Criminal Procedure) . . .
105	105	$34;
106	106	(16) if required by the court, a restitution fee for
107	107	costs incurred in collecting restitution installments and for the
108	108	compensation to victims of crime fund (Art. 42.037, Code of
109	109	Criminal Procedure) . . . $12;
110	110	(17) if directed by the justice of the peace or
111	111	municipal court judge hearing the case, court costs on conviction
112	112	in a criminal action (Art. 45.041, Code of Criminal Procedure)
113	113	. . . part or all of the costs as directed by the judge; and
114	114	(18) costs attendant to convictions under Chapter 49,
115	115	Penal Code, and under Chapter 481, Health and Safety Code, to help
116	116	fund drug court programs established under Chapter 122, 123, 124,
117	117	or 125, Government Code, or former law (Art. 102.0178, Code of
118	118	Criminal Procedure) . . . $60.
119	119	SECTION 5. Subchapter G, Chapter 411, Government Code, is
120	120	amended by adding Section 411.1425 to read as follows:
121	121	Sec. 411.1425. GRANT FUNDS. The director shall apply for
122	122	any available federal grant funds applicable to the creation and
123	123	storage of DNA records of persons arrested for certain offenses.
124	124	SECTION 6. The heading to Section 411.1471, Government
125	125	Code, is amended to read as follows:
126	126	Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR [,
127	127	CHARGED WITH,] OR CONVICTED OF CERTAIN OFFENSES.
128	128	SECTION 7. Section 411.1471, Government Code, is amended by
129	129	amending Subsections (a), (b), and (e) and adding Subsection (b-1)
130	130	to read as follows:
131	131	(a) This section applies to a defendant who is:
132	132	(1) [indicted or waives indictment for a felony
133	133	prohibited or punishable under any of the following Penal Code
134	134	sections:
135	135	[(A) Section 20.04(a)(4);
136	136	[(B) Section 21.11;
137	137	[(C) Section 22.011;
138	138	[(D) Section 22.021;
139	139	[(E) Section 25.02;
140	140	[(F) Section 30.02(d);
141	141	[(G) Section 43.05;
142	142	[(H) Section 43.25;
143	143	[(I) Section 43.26;
144	144	[(J) Section 21.02; or
145	145	[(K) Section 20A.03;
146	146	[(2)] arrested for any offense punishable as a felony
147	147	[described by Subdivision (1) after having been previously
148	148	convicted of or placed on deferred adjudication for an offense
149	149	described by Subdivision (1) or an offense punishable under Section
150	150	30.02(c)(2), Penal Code]; or
151	151	(2) [(3)] convicted of an offense:
152	152	(A) under Title 5, Penal Code, [other than an
153	153	offense described by Subdivision (1),] that is punishable as a
154	154	Class A misdemeanor [or any higher category of offense], except for
155	155	an offense punishable as a Class A misdemeanor under Section 20.02,
156	156	22.01, or 22.05, Penal Code; or
157	157	(B) under Section 21.08, 25.04, 43.02(b), 43.03,
158	158	or 43.24, Penal Code.
159	159	(b) [After a defendant described by Subsection (a)(1) is
160	160	indicted or waives indictment, the court in which the case is
161	161	pending shall require the defendant to provide to a law enforcement
162	162	agency one or more specimens for the purpose of creating a DNA
163	163	record.] A law enforcement agency arresting a defendant described
164	164	by Subsection (a)(1) [(a)(2)], immediately after fingerprinting
165	165	the defendant and at the same location as the fingerprinting
166	166	occurs, shall require the defendant to provide one or more
167	167	specimens for the purpose of creating a DNA record.
168	168	(b-1) After a defendant described by Subsection (a)(2)
169	169	[(a)(3)] is convicted, the court shall require the defendant to
170	170	provide to a law enforcement agency one or more specimens for the
171	171	purpose of creating a DNA record.
172	172	(e) Notwithstanding Subsection (d), on acquittal of a
173	173	defendant described by Subsection (a)(1) [or (2)] or dismissal of
174	174	the case against the defendant, the court shall order the law
175	175	enforcement agency taking the specimen to immediately destroy the
176	176	record of the collection of the specimen and require the department
177	177	to destroy the specimen and the record of its receipt.
178	178	SECTION 8. Section 411.1471(c), Government Code, is
179	179	repealed.
180	180	SECTION 9. Section 411.1471, Government Code, as amended by
181	181	this Act, applies only to an offense committed on or after the
182	182	effective date of this Act. An offense committed before the
183	183	effective date of this Act is governed by the law in effect on the
184	184	date the offense was committed, and the former law is continued in
185	185	effect for that purpose. For purposes of this section, an offense
186	186	was committed before the effective date of this Act if any element
187	187	of the offense occurred before that date.
188	188	SECTION 10. This Act takes effect September 1, 2019.