Bill Text: TX SB767 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the creation of DNA records for the DNA database system.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2013-05-06 - Not again placed on intent calendar [SB767 Detail]

Download: Texas-2013-SB767-Comm_Sub.html

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By: Patrick, Davis S.B. No. 767
(In the Senate - Filed February 22, 2013; February 26, 2013,
read first time and referred to Committee on Criminal Justice;
April 3, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 3, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 767 By: Patrick

A BILL TO BE ENTITLED
AN ACT
relating to the creation of DNA records for the DNA database system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (h-1), Article 102.020, Code
of Criminal Procedure, are 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
[listed in] Section 411.1471(a)(3), Government Code, other than an
offense described by Subdivision (1) of this subsection [of that
code]; or
(3) $34 on placement of the person on:
(A) community supervision, including deferred
adjudication community supervision, if the person is required to
submit a DNA sample under Section 11(j), Article 42.12; or
(B) deferred adjudication community supervision
for an offense described by Section 411.1471(a)(4), Government
Code.
(h-1) The clerk of the court shall transfer to the
comptroller any funds received under Subsection (a)(2) or (3)
[(a)(3)]. The comptroller shall credit the funds to the Department
of Public Safety to help defray the cost of collecting or analyzing
[any analyses performed on] DNA samples provided by defendants who
are required to pay a court cost under this article.
SECTION 2. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure)$4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure)$25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal
Procedure)$5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure)$50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure)$5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure)$35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure)$10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure)$5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure)$5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure)$8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure)$0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure)not to exceed $5;
(4) services of a peace officer in conveying a
witness outside the county (Art. 102.011, Code of
Criminal Procedure) . . . $10 per day or part of a day, plus
actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure)$25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure)$25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal
Procedure)$20;
(9) cost for visual recording of intoxication
arrest before conviction (Art. 102.018, Code of Criminal
Procedure)$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse
prevention programs (Art. 102.0186, Code of Criminal
Procedure) $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) $250;
(14) court cost for DNA testing for certain
misdemeanors and felonies [the offense of public lewdness or
indecent exposure] (Art. 102.020(a)(2), Code of Criminal
Procedure)$50;
(15) court cost for DNA testing for certain
misdemeanors and felonies (Art. 102.020(a)(3), Code of Criminal
Procedure)$34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure)$12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on
conviction in a criminal action (Art. 45.041, Code of
Criminal Procedure) . . . part or all of the costs as directed by
the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure)$60.
SECTION 3. Subsection (c), Section 411.142, Government
Code, is amended to read as follows:
(c) The director may receive, analyze, store, and destroy a
DNA record or DNA sample for the purposes described by Section
411.143. If a DNA sample was collected solely for the purpose of
creating a DNA record, the director shall destroy the sample
immediately after any test results associated with the sample are
entered into the DNA database and the CODIS database.
SECTION 4. The heading to Section 411.1471, Government
Code, is amended to read as follows:
Sec. 411.1471. DNA RECORDS OF PERSONS CHARGED WITH OR
CONVICTED OF CERTAIN OFFENSES [FELONIES].
SECTION 5. Subsections (a), (b), and (f), Section 411.1471,
Government Code, are amended to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26;
(J) Section 21.02; or
(K) Section 20A.03;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; [or]
(3) convicted of an offense punishable as a Class B
misdemeanor or any higher category of offense; or
(4) placed on deferred adjudication for an offense
under Section 21.07 or 21.08, Penal Code.
(b) After a defendant described by Subsection (a)(1) is
indicted or waives indictment, the court in which the case is
pending shall require the defendant to provide to a law enforcement
agency one or more specimens for the purpose of creating a DNA
record. A law enforcement agency arresting a defendant described
by Subsection (a)(2), 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. After a defendant described by
Subsection (a)(3) or (4) is convicted or placed on deferred
adjudication, as applicable, the court shall require the defendant
to provide to a law enforcement agency one or more specimens for the
purpose of creating a DNA record.
(f) A defendant who provides a DNA sample under this section
is not required to provide a DNA sample under Section 411.148 unless
an attorney representing the state [in the prosecution of felony
offenses] establishes to the satisfaction of the director that the
interests of justice or public safety require that the defendant
provide additional samples.
SECTION 6. The change in law made by this Act in amending
Article 102.020, Code of Criminal Procedure, and Section 411.1471,
Government Code, 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 covered by the law in effect at the
time 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 7. This Act takes effect September 1, 2013.
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