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AN ACT
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relating to the creation of DNA records for a person arrested for a |
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felony offense and the expunction of DNA records in certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) For purposes of this article, records and files relating |
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to an arrest include: |
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(1) a DNA record created under Subchapter G, Chapter |
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411, Government Code; |
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(2) any record of the collection of the specimen from |
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which the DNA record was created; and |
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(3) any record of the transfer of the specimen to the |
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Department of Public Safety. |
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SECTION 2. Section 3(c), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) When the order of expunction is final, the clerk of the |
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court shall send a certified copy of the order to the director of |
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the Department of Public Safety for purposes of Section 411.151, |
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Government Code, to the Crime Records Service of the department, |
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[Department of Public Safety] and to each official or agency or |
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other governmental entity of this state or of any political |
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subdivision of this state named in the order. The certified copy of |
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the order must be sent by secure electronic mail, electronic |
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transmission, or facsimile transmission or otherwise by certified |
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mail, return receipt requested. In sending the order to a |
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governmental entity named in the order, the clerk may elect to |
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substitute hand delivery for certified mail under this subsection, |
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but the clerk must receive a receipt for that hand-delivered order. |
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SECTION 3. Sections 411.1471(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) This section applies to a defendant who is: |
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(1) arrested for any offense punishable as a felony |
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[prohibited under any of the following Penal Code sections: |
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[(A) Section 19.02; |
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[(B) Section 19.03; |
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[(C) Section 20.03; |
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[(D) Section 20.04; |
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[(E) Section 20.05; |
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[(F) Section 20.06; |
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[(G) Section 20A.02; |
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[(H) Section 20A.03; |
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[(I) Section 21.02; |
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[(J) Section 21.11; |
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[(K) Section 22.01; |
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[(L) Section 22.011; |
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[(M) Section 22.02; |
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[(N) Section 22.021; |
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[(O) Section 25.02; |
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[(P) Section 29.02; |
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[(Q) Section 29.03; |
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[(R) Section 30.02; |
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[(S) Section 31.03; |
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[(T) Section 43.03; |
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[(U) Section 43.04; |
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[(V) Section 43.05; |
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[(W) Section 43.25; or |
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[(X) Section 43.26]; or |
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(2) convicted of an offense: |
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(A) under Title 5, Penal Code, [other than an |
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offense described by Subdivision (1),] that is punishable as a |
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Class A misdemeanor [or any higher category of offense], except for |
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an offense punishable as a Class A misdemeanor under Section 22.05, |
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Penal Code; or |
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(B) punishable as a Class A or B misdemeanor, as |
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applicable, under Section 21.08, 25.04, [43.021,] or 43.24, Penal |
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Code. |
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(b) A law enforcement agency booking [arresting] a |
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defendant described by Subsection (a)(1), immediately after |
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fingerprinting the defendant and at the same location as the |
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fingerprinting occurs, shall require the defendant to provide one |
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or more specimens for the purpose of creating a DNA record. |
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(e) As soon as practicable after the [Notwithstanding |
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Subsection (d), on] acquittal of a defendant described by |
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Subsection (a)(1) or dismissal of the case against the defendant, |
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or after a defendant [an individual] has been granted relief in |
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accordance with a writ of habeas corpus that is based on a court |
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finding or determination that the defendant [person] is actually |
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innocent of a crime for which the defendant [person] was sentenced, |
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the court shall provide notice of the acquittal, dismissal, or |
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grant of relief to the law enforcement agency that took [taking] the |
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specimen and the department and shall request that the director |
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expunge the defendant's DNA record from the DNA database under |
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Section 411.151. On receipt of the notice, the law enforcement |
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agency shall immediately destroy the record of the collection of |
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the specimen, and the department shall destroy the specimen and the |
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record of its receipt. The court shall promptly notify the |
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defendant and the defendant's attorney after the notices required |
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by this subsection have been provided [As soon as practicable after |
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the acquittal of the defendant or the dismissal of the case, the |
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court shall provide notice of the acquittal or dismissal to the |
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applicable law enforcement agency and the department]. |
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SECTION 4. Section 411.151(a), Government Code, is amended |
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to read as follows: |
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(a) The director shall expunge a DNA record of an individual |
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from a DNA database if [the person]: |
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(1) the director receives: |
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(A) an order of expunction under Article 55.02, |
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Code of Criminal Procedure [notifies the director in writing that |
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the DNA record has been ordered to be expunged under this section or |
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Chapter 55, Code of Criminal Procedure, and provides the director |
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with a certified copy of the court order that expunges the DNA |
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record]; or |
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(B) a request from a court under Section |
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411.1471(e); or |
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(2) the person provides the director with a certified |
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copy of a court order issued under Subchapter C-1, Chapter 58, |
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Family Code, that seals the juvenile record of the adjudication |
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that resulted in the DNA record. |
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SECTION 5. Section 411.151(b), Government Code, is |
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repealed. |
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SECTION 6. Articles 55.01 and 55.02, Code of Criminal |
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Procedure, as amended by this Act, apply only to an order of |
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expunction of arrest records and files issued on or after the |
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effective date of this Act, regardless of when the underlying |
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arrest occurred. |
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SECTION 7. Section 411.1471, Government Code, as amended by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2023. |
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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. 3956 was passed by the House on April |
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28, 2023, by the following vote: Yeas 130, Nays 11, 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. 3956 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 30, Nays 1. |
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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 |