Bill Text: TX SB767 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the creation of DNA records for the DNA database system.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-06 - Not again placed on intent calendar [SB767 Detail]
Download: Texas-2013-SB767-Comm_Sub.html
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 |
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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 | ||
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offense described by Subdivision (1) of this subsection [ |
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(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) | ||
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of Public Safety to help defray the cost of collecting or analyzing | ||
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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 [ |
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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 [ |
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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; [ |
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(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 [ |
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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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