Bill Text: TX HB3956 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of DNA records for a person arrested for a felony offense and the expunction of DNA records in certain circumstances.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB3956 Detail]
Download: Texas-2023-HB3956-Enrolled.html
H.B. No. 3956 |
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relating to the creation of DNA records for a person arrested for a | ||
felony offense and the expunction of DNA records in certain | ||
circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) For purposes of this article, records and files relating | ||
to an arrest include: | ||
(1) a DNA record created under Subchapter G, Chapter | ||
411, Government Code; | ||
(2) any record of the collection of the specimen from | ||
which the DNA record was created; and | ||
(3) any record of the transfer of the specimen to the | ||
Department of Public Safety. | ||
SECTION 2. Section 3(c), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) When the order of expunction is final, the clerk of the | ||
court shall send a certified copy of the order to the director of | ||
the Department of Public Safety for purposes of Section 411.151, | ||
Government Code, to the Crime Records Service of the department, | ||
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other governmental entity of this state or of any political | ||
subdivision of this state named in the order. The certified copy of | ||
the order must be sent by secure electronic mail, electronic | ||
transmission, or facsimile transmission or otherwise by certified | ||
mail, return receipt requested. In sending the order to a | ||
governmental entity named in the order, the clerk may elect to | ||
substitute hand delivery for certified mail under this subsection, | ||
but the clerk must receive a receipt for that hand-delivered order. | ||
SECTION 3. Sections 411.1471(a), (b), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) This section applies to a defendant who is: | ||
(1) arrested for any offense punishable as a felony | ||
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(2) convicted of an offense: | ||
(A) under Title 5, Penal Code, [ |
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Class A misdemeanor [ |
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an offense punishable as a Class A misdemeanor under Section 22.05, | ||
Penal Code; or | ||
(B) punishable as a Class A or B misdemeanor, as | ||
applicable, under Section 21.08, 25.04, [ |
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Code. | ||
(b) A law enforcement agency booking [ |
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defendant described by Subsection (a)(1), immediately after | ||
fingerprinting 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. | ||
(e) As soon as practicable after the [ |
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Subsection (a)(1) or dismissal of the case against the defendant, | ||
or after a defendant [ |
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accordance with a writ of habeas corpus that is based on a court | ||
finding or determination that the defendant [ |
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innocent of a crime for which the defendant [ |
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the court shall provide notice of the acquittal, dismissal, or | ||
grant of relief to the law enforcement agency that took [ |
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specimen and the department and shall request that the director | ||
expunge the defendant's DNA record from the DNA database under | ||
Section 411.151. On receipt of the notice, the law enforcement | ||
agency shall immediately destroy the record of the collection of | ||
the specimen, and the department shall destroy the specimen and the | ||
record of its receipt. The court shall promptly notify the | ||
defendant and the defendant's attorney after the notices required | ||
by this subsection have been provided [ |
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SECTION 4. Section 411.151(a), Government Code, is amended | ||
to read as follows: | ||
(a) The director shall expunge a DNA record of an individual | ||
from a DNA database if [ |
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(1) the director receives: | ||
(A) an order of expunction under Article 55.02, | ||
Code of Criminal Procedure [ |
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(B) a request from a court under Section | ||
411.1471(e); or | ||
(2) the person provides the director with a certified | ||
copy of a court order issued under Subchapter C-1, Chapter 58, | ||
Family Code, that seals the juvenile record of the adjudication | ||
that resulted in the DNA record. | ||
SECTION 5. Section 411.151(b), Government Code, is | ||
repealed. | ||
SECTION 6. Articles 55.01 and 55.02, Code of Criminal | ||
Procedure, as amended by this Act, apply only to an order of | ||
expunction of arrest records and files issued on or after the | ||
effective date of this Act, regardless of when the underlying | ||
arrest occurred. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3956 was passed by the House on April | ||
28, 2023, by the following vote: Yeas 130, Nays 11, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3956 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |