Texas 2023 - 88th Regular

Texas House Bill HB3956 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3956
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of DNA records for a person arrested for a
6	6	felony offense and the expunction of DNA records in certain
7	7	circumstances.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 55.01, Code of Criminal Procedure, is
10	10	amended by adding Subsection (e) to read as follows:
11	11	(e) For purposes of this article, records and files relating
12	12	to an arrest include:
13	13	(1) a DNA record created under Subchapter G, Chapter
14	14	411, Government Code;
15	15	(2) any record of the collection of the specimen from
16	16	which the DNA record was created; and
17	17	(3) any record of the transfer of the specimen to the
18	18	Department of Public Safety.
19	19	SECTION 2. Section 3(c), Article 55.02, Code of Criminal
20	20	Procedure, is amended to read as follows:
21	21	(c) When the order of expunction is final, the clerk of the
22	22	court shall send a certified copy of the order to the director of
23	23	the Department of Public Safety for purposes of Section 411.151,
24	24	Government Code, to the Crime Records Service of the department,
25	25	[Department of Public Safety] and to each official or agency or
26	26	other governmental entity of this state or of any political
27	27	subdivision of this state named in the order. The certified copy of
28	28	the order must be sent by secure electronic mail, electronic
29	29	transmission, or facsimile transmission or otherwise by certified
30	30	mail, return receipt requested. In sending the order to a
31	31	governmental entity named in the order, the clerk may elect to
32	32	substitute hand delivery for certified mail under this subsection,
33	33	but the clerk must receive a receipt for that hand-delivered order.
34	34	SECTION 3. Sections 411.1471(a), (b), and (e), Government
35	35	Code, are amended to read as follows:
36	36	(a) This section applies to a defendant who is:
37	37	(1) arrested for any offense punishable as a felony
38	38	[prohibited under any of the following Penal Code sections:
39	39	[(A) Section 19.02;
40	40	[(B) Section 19.03;
41	41	[(C) Section 20.03;
42	42	[(D) Section 20.04;
43	43	[(E) Section 20.05;
44	44	[(F) Section 20.06;
45	45	[(G) Section 20A.02;
46	46	[(H) Section 20A.03;
47	47	[(I) Section 21.02;
48	48	[(J) Section 21.11;
49	49	[(K) Section 22.01;
50	50	[(L) Section 22.011;
51	51	[(M) Section 22.02;
52	52	[(N) Section 22.021;
53	53	[(O) Section 25.02;
54	54	[(P) Section 29.02;
55	55	[(Q) Section 29.03;
56	56	[(R) Section 30.02;
57	57	[(S) Section 31.03;
58	58	[(T) Section 43.03;
59	59	[(U) Section 43.04;
60	60	[(V) Section 43.05;
61	61	[(W) Section 43.25; or
62	62	[(X) Section 43.26]; or
63	63	(2) convicted of an offense:
64	64	(A) under Title 5, Penal Code, [other than an
65	65	offense described by Subdivision (1),] that is punishable as a
66	66	Class A misdemeanor [or any higher category of offense], except for
67	67	an offense punishable as a Class A misdemeanor under Section 22.05,
68	68	Penal Code; or
69	69	(B) punishable as a Class A or B misdemeanor, as
70	70	applicable, under Section 21.08, 25.04, [43.021,] or 43.24, Penal
71	71	Code.
72	72	(b) A law enforcement agency booking [arresting] a
73	73	defendant described by Subsection (a)(1), immediately after
74	74	fingerprinting the defendant and at the same location as the
75	75	fingerprinting occurs, shall require the defendant to provide one
76	76	or more specimens for the purpose of creating a DNA record.
77	77	(e) As soon as practicable after the [Notwithstanding
78	78	Subsection (d), on] acquittal of a defendant described by
79	79	Subsection (a)(1) or dismissal of the case against the defendant,
80	80	or after a defendant [an individual] has been granted relief in
81	81	accordance with a writ of habeas corpus that is based on a court
82	82	finding or determination that the defendant [person] is actually
83	83	innocent of a crime for which the defendant [person] was sentenced,
84	84	the court shall provide notice of the acquittal, dismissal, or
85	85	grant of relief to the law enforcement agency that took [taking] the
86	86	specimen and the department and shall request that the director
87	87	expunge the defendant's DNA record from the DNA database under
88	88	Section 411.151. On receipt of the notice, the law enforcement
89	89	agency shall immediately destroy the record of the collection of
90	90	the specimen, and the department shall destroy the specimen and the
91	91	record of its receipt. The court shall promptly notify the
92	92	defendant and the defendant's attorney after the notices required
93	93	by this subsection have been provided [As soon as practicable after
94	94	the acquittal of the defendant or the dismissal of the case, the
95	95	court shall provide notice of the acquittal or dismissal to the
96	96	applicable law enforcement agency and the department].
97	97	SECTION 4. Section 411.151(a), Government Code, is amended
98	98	to read as follows:
99	99	(a) The director shall expunge a DNA record of an individual
100	100	from a DNA database if [the person]:
101	101	(1) the director receives:
102	102	(A) an order of expunction under Article 55.02,
103	103	Code of Criminal Procedure [notifies the director in writing that
104	104	the DNA record has been ordered to be expunged under this section or
105	105	Chapter 55, Code of Criminal Procedure, and provides the director
106	106	with a certified copy of the court order that expunges the DNA
107	107	record]; or
108	108	(B) a request from a court under Section
109	109	411.1471(e); or
110	110	(2) the person provides the director with a certified
111	111	copy of a court order issued under Subchapter C-1, Chapter 58,
112	112	Family Code, that seals the juvenile record of the adjudication
113	113	that resulted in the DNA record.
114	114	SECTION 5. Section 411.151(b), Government Code, is
115	115	repealed.
116	116	SECTION 6. Articles 55.01 and 55.02, Code of Criminal
117	117	Procedure, as amended by this Act, apply only to an order of
118	118	expunction of arrest records and files issued on or after the
119	119	effective date of this Act, regardless of when the underlying
120	120	arrest occurred.
121	121	SECTION 7. Section 411.1471, Government Code, as amended by
122	122	this Act, applies only to an offense committed on or after the
123	123	effective date of this Act. An offense committed before the
124	124	effective date of this Act is governed by the law in effect on the
125	125	date the offense was committed, and the former law is continued in
126	126	effect for that purpose. For purposes of this section, an offense
127	127	was committed before the effective date of this Act if any element
128	128	of the offense occurred before that date.
129	129	SECTION 8. This Act takes effect September 1, 2023.
130	130	______________________________ ______________________________
131	131	President of the Senate Speaker of the House
132	132	I certify that H.B. No. 3956 was passed by the House on April
133	133	28, 2023, by the following vote: Yeas 130, Nays 11, 2 present, not
134	134	voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	I certify that H.B. No. 3956 was passed by the Senate on May
138	138	21, 2023, by the following vote: Yeas 30, Nays 1.
139	139	______________________________
140	140	Secretary of the Senate
141	141	APPROVED: _____________________
142	142	Date
143	143	_____________________
144	144	Governor