81(R) SB 727 - Enrolled version

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�	S.B.�No.�727

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�	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.��The heading to Article 102.020, Code of Criminal
�	Procedure, is amended to read as follows:
�	��Art.�102.020.��COSTS RELATED TO [~~ON CONVICTION FOR OFFENSES~~
�	~~REQUIRING~~] DNA TESTING.
�	��SECTION�2.��Article 102.020, Code of Criminal Procedure, is
�	amended by amending Subsections (a) and (h) and adding Subsections
�	(h-1) and (j) to read as follows:
�	��(a)��A person shall pay as a cost of court:
�	��(1)��$250 [~~as a court cost~~] on conviction of an offense
�	listed in Section 411.1471(a)(1), Government Code;
�	��(2)��[~~, and~~] $50 [~~as a court cost~~] on conviction of an
�	offense listed in Section 411.1471(a)(3) of that code; or
�	��(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
�	Section 11(j), Article 42.12.
�	��(h)��Except as provided by Subsection (h-1), the [~~The~~]
�	comptroller shall deposit 35 percent of the funds received under
�	this article in the state treasury to the credit of the state
�	highway fund and 65 percent of the funds received under this article
�	to the credit of the criminal justice planning account in the
�	general revenue fund.
�	��(h-1)��The clerk of the court shall transfer to the
�	comptroller any funds received under Subsection (a)(3). The
�	comptroller shall credit the funds to the Department of Public
�	Safety to help defray the cost of any analyses performed on DNA
�	samples provided by defendants who are required to pay a court cost
�	under this article.
�	��(j)��The court may waive the imposition of a court cost under
�	this article if the court determines that the defendant is indigent
�	and unable to pay the cost.
�	��SECTION�3.��Chapter 54, Family Code, is amended by adding
�	Section 54.0409 to read as follows:
�	��Sec.�54.0409.��DNA SAMPLE REQUIRED ON CERTAIN FELONY
�	ADJUDICATIONS. (a)��This section applies only to conduct
�	constituting the commission of a felony:
�	��(1)��that is listed in Section 3g(a)(1), Article 42.12,
�	Code of Criminal Procedure; or
�	��(2)��for which it is shown that a deadly weapon, as
�	defined by Section 1.07, Penal Code, was used or exhibited during
�	the commission of the conduct or during immediate flight from the
�	commission of the conduct.
�	��(b)��If a court or jury makes a disposition under Section
�	54.04 in which a child is adjudicated as having engaged in conduct
�	constituting the commission of a felony to which this section
�	applies and the child is placed on probation, the court shall
�	require as a condition of probation that the child provide a DNA
�	sample under Subchapter G, Chapter 411, Government Code, for the
�	purpose of creating a DNA record of the child, unless the child has
�	already submitted the required sample under other state law.
�	��SECTION�4.��Chapter 54, Family Code, is amended by adding
�	Section 54.0462 to read as follows:
�	��Sec.�54.0462.��PAYMENT OF FEES FOR OFFENSES REQUIRING DNA
�	TESTING. (a)��If a child is adjudicated as having engaged in
�	delinquent conduct that constitutes the commission of a felony and
�	the provision of a DNA sample is required under Section 54.0409 or
�	other law, the juvenile court shall order the child, parent, or
�	other person responsible for the child's support to pay to the court
�	as a cost of court:
�	��(1)��a $50 fee if the disposition of the case includes a
�	commitment to a facility operated by or under contract with the
�	Texas Youth Commission; and
�	��(2)��a $34 fee if the disposition of the case does not
�	include a commitment described by Subdivision (1) and the child is
�	required to submit a DNA sample under Section 54.0409 or other law.
�	��(b)��The clerk of the court shall transfer to the comptroller
�	any funds received under this section. The comptroller shall
�	credit the funds to the Department of Public Safety to help defray
�	the cost of any analyses performed on DNA samples provided by
�	children with respect to whom a court cost is collected under this
�	section.
�	��(c)��If the court finds that a child, parent, or other person
�	responsible for the child's support is unable to pay the fee
�	required under Subsection (a), the court shall enter into the
�	child's case records a statement of that finding. The court may
�	waive a fee under this section only if the court makes the finding
�	under this subsection.
�	��SECTION�5.��Subsection (a), Section 61.002, Family Code, is
�	amended to read as follows:
�	��(a)��Except as provided by Subsection (b), this chapter
�	applies to a proceeding to enter a juvenile court order:
�	��(1)��for payment of probation fees under Section
�	54.061;
�	��(2)��for restitution under Sections 54.041(b) and
�	54.048;
�	��(3)��for payment of graffiti eradication fees under
�	Section 54.0461;
�	��(4)��for community service under Section 54.044(b);
�	��(5)��for payment of costs of court under Section
�	54.0411 or other provisions of law;
�	��(6)��requiring the person to refrain from doing any act
�	injurious to the welfare of the child under Section 54.041(a)(1);
�	��(7)��enjoining contact between the person and the child
�	who is the subject of a proceeding under Section 54.041(a)(2);
�	��(8)��ordering a person living in the same household
�	with the child to participate in counseling under Section
�	54.041(a)(3);
�	��(9)��requiring a parent or guardian of a child found to
�	be truant to participate in an available program addressing truancy
�	under Section 54.041(f);
�	��(10)��requiring a parent or other eligible person to
�	pay reasonable attorney's fees for representing the child under
�	Section 51.10(e);
�	��(11)��requiring the parent or other eligible person to
�	reimburse the county for payments the county has made to an attorney
�	appointed to represent the child under Section 51.10(j);
�	��(12)��requiring payment of deferred prosecution
�	supervision fees under Section 53.03(d);
�	��(13)��requiring a parent or other eligible person to
�	attend a court hearing under Section 51.115;
�	��(14)��requiring a parent or other eligible person to
�	act or refrain from acting to aid the child in complying with
�	conditions of release from detention under Section 54.01(r); [or]
�	��(15)��requiring a parent or other eligible person to
�	act or refrain from acting under any law imposing an obligation of
�	action or omission on a parent or other eligible person because of
�	the parent's or person's relation to the child who is the subject of
�	a proceeding under this title; or
�	��(16)��for payment of fees under Section 54.0462.
�	��SECTION�6.��Section 11, Article 42.12, Code of Criminal
�	Procedure, is amended by adding Subsection (j) to read as follows:
�	��(j)��A judge granting community supervision to a defendant
�	convicted of a felony shall require that the defendant, as a
�	condition of community supervision, 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 other state law.
�	��SECTION�7.��(a)��Section 102.021, Government Code, is
�	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
�	Legislature, Regular Session, 2007, and is further 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, [or] 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) [~~102.020~~], Code of Criminal Procedure) .�.�.
�	$250;
�	��(14)��court cost for DNA testing for the [~~on an~~] offense
�	of public lewdness or indecent exposure (Art. 102.020(a)(2)
�	[~~102.020~~], Code of Criminal Procedure) .�.�. $50;
�	��(15)��court cost for DNA testing for certain 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; [~~and~~]
�	��(17)�[~~(16)~~]��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) .�.�. $50.
�	��(b)��Section 102.0215, Government Code, is repealed.
�	��SECTION�8.��Section 103.0212, Government Code, is amended to
�	conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151), Acts of
�	the 80th Legislature, Regular Session, 2007, and is further amended
�	to read as follows:
�	��Sec.�103.0212.��ADDITIONAL FEES AND COSTS IN CRIMINAL OR
�	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
�	civil suit, as applicable, shall pay the following fees and costs
�	under the Family Code if ordered by the court or otherwise required:
�	��(1)��in family matters:
�	��(A)��issuing writ of withholding (Sec. 8.262,
�	Family Code) .�.�. $15;
�	��(B)��filing copy of writ of withholding to
�	subsequent employer (Sec. 8.267, Family Code) .�.�. $15;
�	��(C)��issuing and delivering modified writ of
�	withholding or notice of termination (Sec. 8.302, Family Code)
�	.�.�. $15;
�	��(D)��issuing and delivering notice of termination
�	of withholding (Sec. 8.303, Family Code) .�.�. $15;
�	��(E)��issuance of change of name certificate (Sec.
�	45.106, Family Code) .�.�. $10;
�	��(F)��protective order fee (Sec. 81.003, Family
�	Code) .�.�. $16;
�	��(G)��filing suit requesting adoption of child
�	(Sec. 108.006, Family Code) .�.�. $15;
�	��(H)��filing fees for suits affecting parent-child
�	relationship (Sec. 110.002, Family Code):
�	��(i)��suit or motion for modification (Sec.
�	110.002, Family Code) .�.�. $15;
�	��(ii)��motion for enforcement (Sec. 110.002,
�	Family Code) .�.�. $15;
�	��(iii)��notice of application for judicial
�	writ of withholding (Sec. 110.002, Family Code) .�.�. $15;
�	��(iv)��motion to transfer (Sec. 110.002,
�	Family Code) .�.�. $15;
�	��(v)��petition for license suspension (Sec.
�	110.002, Family Code) .�.�. $15;
�	��(vi)��motion to revoke a stay of license
�	suspension (Sec. 110.002, Family Code) .�.�. $15; and
�	��(vii)��motion for contempt (Sec. 110.002,
�	Family Code) .�.�. $15;
�	��(I)��order or writ of income withholding to be
�	delivered to employer (Sec. 110.004, Family Code) .�.�. not to
�	exceed $15;
�	��(J)��filing fee for transferred case (Sec.
�	110.005, Family Code) .�.�. $45;
�	��(K)��filing a writ of withholding (Sec. 158.319,
�	Family Code) .�.�. $15;
�	��(L)��filing a request for modified writ of
�	withholding or notice of termination (Sec. 158.403, Family Code)
�	.�.�. not to exceed $15;
�	��(M)��filing an administrative writ to employer
�	(Sec. 158.503, Family Code) .�.�. not to exceed $15; and
�	��(N)��genetic testing fees in relation to a child
�	born to a gestational mother (Sec. 160.762, Family Code) .�.�. as
�	assessed by the court; and
�	��(2)��in juvenile court:
�	��(A)��fee schedule for deferred prosecution
�	services (Sec. 53.03, Family Code) .�.�. maximum fee of $15 a month;
�	��(B)��a request fee for a teen court program
�	[~~administration fee~~] (Sec. 54.032, Family Code) .�.�. $20, if the
�	court ordering the fee is located in the Texas-Louisiana border
�	region, but otherwise not to exceed $10;
�	��(C)��court costs for juvenile probation diversion
�	fund (Sec. 54.0411, Family Code) .�.�. $20;
�	��(D)��a juvenile delinquency prevention fee (Sec.
�	54.0461, Family Code) .�.�. $50 [$5]; [~~and~~]
�	��(E)��a court fee for child's probationary period
�	(Sec. 54.061, Family Code) .�.�. not to exceed $15 a month;
�	��(F)��a fee to cover costs of required duties of
�	teen court (Sec. 54.032, Family Code) .�.�. $20, if the court
�	ordering the fee is located in the Texas-Louisiana border region,
�	but otherwise not to exceed $10;
�	��(G)��a fee for DNA testing on commitment to
�	certain facilities (Sec. 54.0462, Family Code) .�.�. $50; and
�	��(H)��a fee for DNA testing after placement on
�	probation or as otherwise required by law (Sec. 54.0462, Family
�	Code) .�.�. $34.
�	��SECTION�9.��Subdivision (3), Section 411.141, Government
�	Code, is amended to read as follows:
�	��(3)��"Criminal justice agency" means:
�	��(A)��a federal or state agency that is engaged in
�	the administration of criminal justice under a statute or executive
�	order and that allocates a substantial part of its annual budget to
�	the administration of criminal justice;
�	��(B)��a secure correctional facility as defined by
�	Section 1.07, Penal Code; or
�	��(C)��a community supervision and corrections
�	department, a parole office, or a local juvenile probation
�	department or parole office [~~has the meaning assigned by Article~~
�	~~60.01, Code of Criminal Procedure~~].
�	��SECTION�10.��Subsections (a), (d), (f-1), (j), and (k),
�	Section 411.148, Government Code, are amended to read as follows:
�	��(a)��This section applies to:
�	��(1)��an individual, other than a juvenile, who is:
�	��(A)��ordered by a magistrate or court to provide a
�	DNA sample under Section 411.154 or other law, including as part of
�	an order granting community supervision to the individual; or
�	��(B)��confined in a penal institution operated by
�	or under contract with the Texas Department of Criminal Justice; or
�	��(2)��a juvenile who [is], following [~~after~~] an
�	adjudication for conduct constituting a felony, is:
�	��(A)��confined in a facility operated by or under
�	contract with the Texas Youth Commission; or
�	��(B)��placed on probation, if the conduct
�	constitutes a felony described by Section 54.0409, Family Code.
�	��(d)��If an individual described by Subsection (a)(1)(B) is
�	received into custody by the Texas Department of Criminal Justice,
�	that department shall collect the sample from the individual during
�	the diagnostic process or at another time determined by the Texas
�	Department of Criminal Justice. If an individual described by
�	Subsection (a)(2)(A) is received into custody by the Texas Youth
�	Commission, the youth commission shall collect the sample from the
�	individual during the initial examination or at another time
�	determined by the youth commission. If an individual who is
�	required under this section or other law to provide a DNA sample is
�	in the custody or under the supervision of another criminal justice
�	agency, such as a community supervision and corrections department,
�	a parole office, or a local juvenile probation department or parole
�	office, that agency shall collect the sample from the individual at
�	a time determined by the agency.
�	��(f-1)��The Texas Youth Commission shall notify the director
�	that an individual described by Subsection (a)(2)(A) [~~(a)(2)~~] is to
�	be released from custody not earlier than the 120th day before the
�	individual's release date.
�	��(j)(1)��The Texas Youth Commission as soon as practicable
�	shall cause a sample to be collected from an individual described by
�	Subsection (a)(2)(A) [~~(a)(2)~~] if:
�	��(A)��the individual is detained in another
�	juvenile detention facility after adjudication and before
�	admission to the youth commission; and
�	��(B)��the youth commission determines the
�	individual is likely to be released before being admitted to the
�	youth commission.
�	��(2)��The administrator of the other juvenile detention
�	facility shall cooperate with the Texas Youth Commission as
�	necessary to allow the youth commission to perform its duties under
�	this subsection.
�	��(k)��When a criminal justice agency of this state agrees to
�	accept custody or supervision of an individual from another state
�	or jurisdiction under an interstate compact or a reciprocal
�	agreement with a local, county, state, or federal agency, the
�	criminal justice agency that agrees to accept custody or
�	supervision of the individual shall collect [~~acceptance is~~
�	~~conditional on the individual providing~~] a DNA sample under this
�	subchapter if the individual was convicted of or adjudicated as
�	having engaged in conduct constituting a felony and is otherwise
�	required to provide a DNA sample under this section.
�	��SECTION�11.��Subsection (e), Section 411.148, Government
�	Code, is repealed.
�	��SECTION�12.��(a)��The changes in law made by this Act in
�	adding Subsection (j), Section 11, Article 42.12, Code of Criminal
�	Procedure, and Section 54.0409, Family Code, apply only to a person
�	who is granted community supervision or placed on juvenile
�	probation on or after the effective date of this Act.
�	��(b)��The changes in law made by this Act in amending Article
�	102.020, Code of Criminal Procedure, and adding Section 54.0462,
�	Family Code, apply only to an offense committed or conduct engaged
�	in on or after the effective date of this Act. An offense committed
�	or conduct engaged in before the effective date of this Act is
�	covered by the law in effect at the time the offense was committed
�	or the conduct was engaged in, and the former law is continued in
�	effect for that purpose. For purposes of this section, an offense
�	was committed or conduct was engaged in before the effective date of
�	this Act if any element of the offense or conduct occurred before
�	that date.
�	��SECTION�13.��To the extent of any conflict, this Act prevails
�	over another Act of the 81st Legislature, Regular Session, 2009,
�	relating to nonsubstantive additions to and corrections in enacted
�	codes.
�	��SECTION�14.��This Act does not make an appropriation. A
�	provision in this Act that creates a new governmental program,
�	creates a new entitlement, or imposes a new duty on a governmental
�	entity is not mandatory during a fiscal period for which the
�	legislature has not made a specific appropriation to implement the
�	provision.
�	��SECTION�15.��This Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
�
�	��I hereby certify that S.B.�No.�727 passed the Senate on
�	April�14,�2009, by the following vote:��Yeas�30, Nays�0;
�	May�15,�2009, Senate refused to concur in House amendments and
�	requested appointment of Conference Committee; May�18,�2009, House
�	granted request of the Senate; May�30,�2009, Senate adopted
�	Conference Committee Report by the following vote:��Yeas�31,
�	Nays�0.
�
�
�	______________________________
�	Secretary of the Senate��
�
�	��I hereby certify that S.B.�No.�727 passed the House, with
�	amendments, on May�12,�2009, by the following vote:��Yeas�143,
�	Nays�0, one present not voting; May�18,�2009, House granted request
�	of the Senate for appointment of Conference Committee;
�	May�28,�2009, House adopted Conference Committee Report by the
�	following vote:��Yeas�138, Nays�5, one present not voting.
�
�
�	______________________________
�	Chief Clerk of the House��
�
�
�
�	Approved:
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�	______________________________�
�	��Date
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�	______________________________�
�	��Governor