Bill Text: TX HB1399 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation and storage of DNA records for a person arrested for certain felony offenses.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1399 Detail]
Download: Texas-2019-HB1399-Enrolled.html
H.B. No. 1399 |
|
||
relating to the creation and storage of DNA records for a person | ||
arrested for certain felony offenses. | ||
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 [ |
||
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 an offense listed in Section | ||
411.1471(a)(1), Government Code; | ||
(2) $50 on conviction of an offense described by | ||
Section 411.1471(a)(2) [ |
||
(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. 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 5. The heading to Section 411.1471, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR [ |
||
|
||
SECTION 6. 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) arrested [ |
||
felony prohibited [ |
||
Code sections: | ||
(A) Section 19.02; | ||
(B) Section 19.03; | ||
(C) Section 20.03; | ||
(D) Section 20.04 [ |
||
(E) Section 20.05; | ||
(F) Section 20.06; | ||
(G) Section 20A.02; | ||
(H) Section 20A.03; | ||
(I) Section 21.02; | ||
(J) [ |
||
(K) Section 22.01; | ||
(L) [ |
||
(M) Section 22.02; | ||
(N) [ |
||
(O) [ |
||
(P) Section 29.02; | ||
(Q) Section 29.03; | ||
(R) [ |
||
(S) Section 31.03; | ||
(T) Section 43.03; | ||
(U) Section 43.04; | ||
(V) [ |
||
(W) [ |
||
(X) [ |
||
[ |
||
[ |
||
(2) [ |
||
|
||
|
||
|
||
[ |
||
(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), | ||
[ |
||
(b) [ |
||
|
||
|
||
|
||
|
||
by Subsection (a)(1) [ |
||
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) | ||
[ |
||
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) [ |
||
the case against the defendant, or after an individual has been | ||
granted relief in accordance with a writ of habeas corpus that is | ||
based on a court finding or determination that the person is | ||
actually innocent of a crime for which the person was sentenced, | ||
[ |
||
specimen shall [ |
||
collection of the specimen, and [ |
||
destroy the specimen and the record of its receipt. As soon as | ||
practicable after the acquittal of the defendant or the dismissal | ||
of the case, the court shall provide notice of the acquittal or | ||
dismissal to the applicable law enforcement agency and the | ||
department. | ||
SECTION 7. Section 411.1471(c), Government Code, is | ||
repealed. | ||
SECTION 8. 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 9. The Department of Public Safety of the State of | ||
Texas is required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the Department of Public Safety of the State of Texas may, | ||
but is not required to, implement a provision of this Act using | ||
other appropriations available for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1399 was passed by the House on April | ||
24, 2019, by the following vote: Yeas 77, Nays 68, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1399 on May 24, 2019, by the following vote: Yeas 99, Nays 40, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1399 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 26, Nays | ||
5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |