HBA-AMW H.B. 1726 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1726 By: Kitchen Criminal Jurisprudence 4/2/2001 Introduced BACKGROUND AND PURPOSE The Combined DNA Index System (CODIS) maintains DNA profiles sent in from local, state, and national law enforcement agencies. Since its introduction, DNA evidence has become a reliable forensic technique for identifying perpetrators and eliminating suspects when biological evidence is left at a crime scene. Under current law, DNA is collected from individuals convicted of sexual assault, murder, aggravated assault, and burglary of a habitation. House Bill 1726 expands the Texas CODIS database to include the collection of DNA specimens for persons arrested for certain felonies, including sexual offenses that are not currently included in DNA collection requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTION 1 (Sections 411.1471 and 411.1472, Government Code) and SECTION 4 of this bill. ANALYSIS House Bill 1726 amends the Government Code and Code of Criminal Procedure to establish provisions regarding the DNA testing of persons charged with certain felonies. The bill requires defendants charged with certain felonies and arrested on or after February 1, 2002, or placed on deferred adjudication or community supervision for certain offenses on or after February 1, 2002, to provide one or more blood samples or other specimens for the purpose of creating a DNA record. The bill requires the director of the Department of Public Safety (director) by rule to require law enforcement agencies taking a sample or specimen to preserve the sample or specimen, maintain a record of the collection of the sample or specimen, and send the sample or specimen to the director for scientific analysis. The director is required to adopt these rules by January 1, 2002. The bill also sets forth provisions regarding additional DNA testing of a defendant. The bill requires a person convicted of an offense requiring DNA testing to pay $250 as a court cost. The bill establishes procedures for the collection of the court costs, dispersion of the funds received from the court costs, and an audit of these funds. EFFECTIVE DATE September 1, 2001.