BILL ANALYSIS H.B. 3958 By: Smith Homeland Security & Public Safety Committee Report (Unamended) BACKGROUND AND PURPOSE The 86th Texas Legislature enacted H.B. 1399, which required a defendant to provide to a law enforcement agency one or more specimens for creating a DNA record upon arrest for certain felonies. This process can create a cost to local booking agencies, and currently there are not many avenues available to help offset these costs. H.B. 3958 seeks to address this issue by establishing a grant program to financially assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 of this bill. ANALYSIS H.B. 3958 amends the Government Code to require the Department of Public Safety (DPS) to establish and implement a grant program, from money appropriated or otherwise available for the purpose, to assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense as required under state law. The bill requires DPS to adopt rules necessary to implement this requirement. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3958
By: Smith
Homeland Security & Public Safety
Committee Report (Unamended)
H.B. 3958
By: Smith
Homeland Security & Public Safety
Committee Report (Unamended)
BACKGROUND AND PURPOSE The 86th Texas Legislature enacted H.B. 1399, which required a defendant to provide to a law enforcement agency one or more specimens for creating a DNA record upon arrest for certain felonies. This process can create a cost to local booking agencies, and currently there are not many avenues available to help offset these costs. H.B. 3958 seeks to address this issue by establishing a grant program to financially assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 of this bill.
ANALYSIS H.B. 3958 amends the Government Code to require the Department of Public Safety (DPS) to establish and implement a grant program, from money appropriated or otherwise available for the purpose, to assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense as required under state law. The bill requires DPS to adopt rules necessary to implement this requirement.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
The 86th Texas Legislature enacted H.B. 1399, which required a defendant to provide to a law enforcement agency one or more specimens for creating a DNA record upon arrest for certain felonies. This process can create a cost to local booking agencies, and currently there are not many avenues available to help offset these costs. H.B. 3958 seeks to address this issue by establishing a grant program to financially assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 of this bill.
ANALYSIS
H.B. 3958 amends the Government Code to require the Department of Public Safety (DPS) to establish and implement a grant program, from money appropriated or otherwise available for the purpose, to assist law enforcement agencies in taking a DNA sample after arresting a defendant for an applicable offense as required under state law. The bill requires DPS to adopt rules necessary to implement this requirement.
EFFECTIVE DATE
September 1, 2023.