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AN ACT
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relating to the DNA samples taken from certain offenders. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 411.142(g), Government Code, is amended |
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to read as follows: |
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�������(g)��The DNA database may contain DNA records for the |
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following: |
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�������������(1)��an individual described by this subchapter, |
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including Section 411.1471, 411.148, or 411.154 [411.150]; |
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�������������(2)��a biological specimen of a deceased victim of a |
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crime; |
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�������������(3)��a biological specimen that is legally obtained in |
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the investigation of a crime, regardless of origin; |
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�������������(4)��results of testing ordered by a court under this |
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subchapter, Article 64.03, Code of Criminal Procedure, or other law |
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permitting or requiring the creation of a DNA record; |
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�������������(5)��an unidentified missing person, or unidentified |
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skeletal remains or body parts; |
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�������������(6)��a close biological relative of a person who has |
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been reported missing to a law enforcement agency; |
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�������������(7)��a person at risk of becoming lost, such as a child |
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or a person declared by a court to be mentally incapacitated, if the |
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record is required by court order or a parent, conservator, or |
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guardian of the person consents to the record; or |
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�������������(8)��an unidentified person, if the record does not |
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contain personal identifying information. |
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�������SECTION�2.��Section 411.1471(f), Government Code, is amended |
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to read as follows: |
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�������(f)��A defendant who provides a DNA sample�[specimen] under |
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this section is not required to provide a DNA sample�[specimen] |
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under Section [411.1472 or provide a sample or specimen under
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Section] 411.148 [or 411.150] unless an attorney representing the |
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state in the prosecution of felony offenses establishes to the |
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satisfaction of the director that the interests of justice or |
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public safety require that the defendant provide additional samples |
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[or specimens]. |
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�������SECTION�3.��Section 411.148, Government Code, as reenacted |
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and amended by Chapters 1224 and 1245, Acts of the 79th Legislature, |
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Regular Session, 2005, is reenacted and amended to read as follows: |
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�������Sec.�411.148.��MANDATORY DNA RECORD. �(a) �This section |
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applies to: |
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�������������(1)��an individual who is: |
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�������������������(A)��ordered by a magistrate or court to provide a |
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sample under Section [411.150 or] 411.154 or other law; or |
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�������������������(B)��confined in a penal institution operated by |
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or under contract with the Texas Department of Criminal Justice; or |
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�������������(2)��a juvenile who is, after an adjudication for |
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conduct constituting a felony, confined in a facility operated by |
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or under contract with the Texas Youth Commission. |
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�������(b)��An individual described by Subsection (a) shall provide |
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one or more DNA samples for the purpose of creating a DNA record. |
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�������(c)��A criminal justice agency shall collect a sample ordered |
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by a magistrate or court in compliance with the order. |
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�������(d)��If an individual described by Subsection (a)(1)(B) is |
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received into custody by the Texas Department of Criminal Justice, |
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that department shall collect the sample from the individual during |
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the diagnostic process or at another time determined by the Texas |
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Department of Criminal Justice. |
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�������(e)��If an individual described by Subsection (a)(2) is |
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received into custody by the Texas Youth Commission, the youth |
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commission shall collect the sample from the individual during the |
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initial examination or at another time determined by the youth |
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commission. |
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�������(f)��The Texas Department of Criminal Justice shall notify |
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the director that an individual described by Subsection (a)(1)(B) |
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[(a)] is to be released from custody not earlier than the 120th day |
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before the individual's statutory�release date and not later than |
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the 90th day before the individual's statutory�release date. An |
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individual described by Subsection (a)(1)(B) may not be held past |
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the individual's statutory release date if the individual fails or |
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refuses to provide a DNA sample under this section. The Texas |
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Department of Criminal Justice may take lawful administrative |
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action, including disciplinary action resulting in the loss of good |
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conduct time, against an individual described by Subsection |
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(a)(1)(B) who refuses to provide a sample under this section. In |
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this subsection, "statutory release date" means the date on which |
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an individual is discharged from the individual's controlling |
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sentence. |
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�������(f-1)��The Texas Youth Commission shall notify the director |
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that an individual described by Subsection (a)(2) [(a)] is to be |
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released from custody not earlier than the 120th�[10th] day before |
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the individual's release date. |
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�������(f-2)��The Texas Department of Criminal Justice and the Texas |
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Youth Commission, in consultation with the director, shall |
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determine the form of the notification described by Subsections (f) |
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and (f-1) [this subsection]. |
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�������(g)��A medical staff employee of a criminal justice agency |
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may collect a voluntary sample from an individual at any time. |
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�������(h)��An employee of a criminal justice agency may use force |
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against an individual required to provide a DNA sample under this |
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section when and to the degree the employee reasonably believes the |
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force is immediately necessary to collect the sample. |
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�������(i)(1)��The Texas Department of Criminal Justice as soon as |
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practicable shall cause a sample to be collected from an individual |
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described by Subsection (a)(1)(B) if: |
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�������������������(A)��the individual is confined in another penal |
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institution after sentencing and before admission to the |
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department; and |
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�������������������(B)��the department determines that the |
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individual is likely to be released before being admitted to the |
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department. |
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�������������(2)��The administrator of the other penal institution |
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shall cooperate with the Texas Department of Criminal Justice as |
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necessary to allow the Texas Department of Criminal Justice to |
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perform its duties under this subsection. |
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�������(j)(1)��The Texas Youth Commission as soon as practicable |
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shall cause a sample to be collected from an individual described by |
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Subsection (a)(2) if: |
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�������������������(A)��the individual is detained in another |
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juvenile detention facility after adjudication and before |
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admission to the youth commission; and |
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�������������������(B)��the youth commission determines the |
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individual is likely to be released before being admitted to the |
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youth commission. |
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�������������(2)��The administrator of the other juvenile detention |
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facility shall cooperate with the Texas Youth Commission as |
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necessary to allow the youth commission to perform its duties under |
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this subsection. |
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�������(k)��When a criminal justice agency of this state agrees to |
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accept custody of an individual from another state or jurisdiction |
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under an interstate compact or a reciprocal agreement with a local, |
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county, state, or federal agency, the acceptance is conditional on |
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the individual providing a DNA sample under this subchapter if the |
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individual was convicted of a felony. |
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�������(l)��If, in consultation with the director, it is determined |
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that an acceptable sample has already been received from an |
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individual, additional samples are not required unless requested by |
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the director. |
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�������SECTION�4.��Section 411.153(b), Government Code, is amended |
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to read as follows: |
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�������(b)��A person commits an offense if the person knowingly |
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discloses to an unauthorized recipient information in a DNA record |
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or information related to a DNA analysis of a sample collected under |
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this subchapter. |
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�������SECTION�5.��Section 411.150, Government Code, is repealed. |
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�������SECTION�6.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 3295 was passed by the House on April |
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19, 2007, by the following vote:��Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 3295 was passed by the Senate on May |
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23, 2007, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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����������_____________________ |
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�����������������Governor������� |