HBA-AMW C.S.H.B. 1726 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1726 By: Kitchen Criminal Jurisprudence 4/12/2001 Committee Report (Substituted) 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. C.S.H.B. 1726 expands the Texas CODIS database to include the collection of DNA specimens for persons arrested, charged with, or convicted of 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 public safety director in SECTION 1 (Sections 411.1471 and 411.1472, Government Code) and SECTION 7 of this bill. ANALYSIS C.S.H.B.1726 amends the Government Code and Code of Criminal Procedure to establish provisions regarding the DNA testing of persons charged with or convicted of certain felonies. The bill amends the Government Code to require a defendant indicted for or waiving indictment for certain felonies, a defendant convicted of public lewdness or indecent exposure, a defendant arrested on or after February 1, 2002, for certain felonies after having been previously convicted of or placed on deferred adjudication for certain felonies, and a defendant granted deferred adjudication or placed on community supervision for certain offenses on or after February 1, 2002, to provide one or more specimens for the purpose of creating a DNA record (Secs. 411.1471, 411.1472, and SECTION 8). The bill requires the public safety director (director) by rule to require law enforcement agencies taking a specimen to preserve the specimen and to maintain a record of the collection of the specimen. The bill authorizes a law enforcement agency to use any method to take the specimen approved by the director. The bill specifies that the rule adopted by the director for taking a specimen must prohibit a law enforcement agency from taking a blood sample for the purpose of creating a DNA record. The bill also authorizes a law enforcement agency to either send the specimen to the director or send to the director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director (Secs. 411.1471 and 411.1472). The director is required to adopt these rules by January 1, 2002 (SECTION 7). On acquittal of a defendant who is indicted for or who waives indictment for certain felonies, is arrested for certain felonies after having been previously convicted of or placed on deferred adjudication for certain felonies, or on dismissal of the case against the defendant, the bill requires the court to order the law enforcement agency taking the specimen to immediately destroy the record of the collection of the specimen and to require the department to destroy the specimen and the record of its receipt (Sec. 411.1471). The bill also sets forth provisions regarding additional DNA testing of a defendant and the voluntary provision of a specimen by a defendant (Secs. 411.1471 and 411.1472). The bill specifies that a person commits an offense if the person knowingly discloses information related to the DNA analysis of a blood specimen of certain inmates and juveniles (Sec. 411.153). The bill sets forth provisions regarding pre-confinement DNA records and creates an offense relating to the disclosure of these records (Sec. 411.1531 and SECTION 9). C.S.H.B. 1726 amends the Code of Criminal Procedure to require a person convicted of an offense requiring DNA testing to pay $250 as a court cost on conviction, except a person convicted of public lewdness or indecent exposure is required to pay a $50 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 (Arts. 102.020 and 102.056). The bill also sets forth provisions regarding conditions requiring submission of a specimen (Art. 17.47 and SECTION 8). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1726 modifies the original bill by adding a defendant who is indicted for or who is waiving indictment for certain felonies or convicted of public lewdness or indecent exposure to the defendants who are required to provide a specimen for the purpose of creating a DNA record. The substitute modifies the original bill by requiring a defendant arrested for certain felonies after having been previously convicted of or placed on deferred adjudication for certain felonies, rather than arrested for certain felonies, to provide a specimen for the purpose of creating a DNA record. The substitute removes the provision requiring a person arrested for, charged with, or convicted of certain felonies to provide a blood sample (Sec. 411.1471, Government Code). The substitute adds provisions regarding the destruction of DNA specimens and records for certain defendants and the voluntary provision of a specimen by a defendant (Secs. 411.1471 and 411.1472). The substitute modifies the original bill by authorizing a law enforcement agency to use any method to take the specimen approved by the of the public safety director (director). The substitute differs from the original bill by authorizing a law enforcement agency to either send the specimen to the director or send to the director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director, rather than requiring the agency to send the specimen to the director for scientific analysis (Secs. 411.1471 and 411.1472). The substitute prohibits a law enforcement agency from taking a blood sample for the purpose of creating a DNA record (Secs. 411.1471 and 411.1472). The substitute differs from the original bill by removing murder, aggravated assault, and burglary committed in a building other than a habitation or in a habitation from the list of offenses for which a person who commits the offense and is placed on community supervision is required to provide a specimen for the purpose of creating a DNA record and from the list of offenses for which a person is required to pay a $250 court cost on conviction (Secs. 411.1472, Government Code and Art. 102.020, Code of Criminal Procedure). The substitute adds provisions regarding the confidentiality of pre-confinement DNA records and conditions requiring the submission of a specimen (Sec. 411.1531, Government Code, Art. 17.47, Code of Criminal Procedure, SECTION 8, and SECTION 9). The substitute modifies the original bill by requiring a person to pay $50 as a court cost on conviction of public lewdness or indecent exposure (Art. 102.020, Code of Criminal Procedure).