Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR OR CONVICTED OF CERTAIN OFFENSES.

(a) This section applies to a defendant who is:

(1) arrested for a felony prohibited under any of the following Penal Code sections:

(A) Section 19.02;

(B) Section 19.03;

(C) Section 20.03;

(D) Section 20.04;

(E) Section 20.05;

(F) Section 20.06;

(G) Section 20A.02;

(H) Section 20A.03;

(I) Section 21.02;

(J) Section 21.11;

(K) Section 22.01;

(L) Section 22.011;

(M) Section 22.02;

(N) Section 22.021;

(O) Section 25.02;

(P) Section 29.02;

(Q) Section 29.03;

(R) Section 30.02;

(S) Section 31.03;

(T) Section 43.03;

(U) Section 43.04;

(V) Section 43.05;

(W) Section 43.25; or

(X) Section 43.26; or

(2) convicted of an offense:

(A) under Title 5, Penal Code, other than an offense described by Subdivision (1), that is punishable as a Class A misdemeanor or any higher category of offense, except for an offense punishable as a Class A misdemeanor under Section 22.05, Penal Code; or

(B) under Section 21.08, 25.04, 43.02(b), or 43.24, Penal Code.

(b) A law enforcement agency arresting a defendant described by Subsection (a)(1), immediately after fingerprinting the defendant and at the same location as the fingerprinting occurs, shall require the defendant to provide one or more specimens for the purpose of creating a DNA record.

(b-1) After a defendant described by Subsection (a)(2) is convicted, the court shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record.

(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 7, eff. September 1, 2019.

(d) The director by rule shall require law enforcement agencies taking a specimen under this section to preserve the specimen and maintain a record of the collection of the specimen. A law enforcement agency taking a specimen under this section may use any method to take the specimen approved by the director in the rule adopted under this subsection. The rule adopted by the director must prohibit a law enforcement agency from taking a blood sample for the purpose of creating a DNA record under this section. The agency may 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.

(e) Notwithstanding Subsection (d), on acquittal of a defendant described by Subsection (a)(1) or dismissal of the case against the defendant, or after an individual has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of a crime for which the person was sentenced, the law enforcement agency taking the specimen shall immediately destroy the record of the collection of the specimen, and the department shall destroy the specimen and the record of its receipt. As soon as practicable after the acquittal of the defendant or the dismissal of the case, the court shall provide notice of the acquittal or dismissal to the applicable law enforcement agency and the department.

(f) A defendant who provides a DNA sample under this section is not required to provide a DNA sample under Section 411.148 of this code or under Article 42A.352, Code of Criminal Procedure, unless the attorney representing the state in the prosecution of the felony offense that makes Section 411.148 or Article 42A.352 applicable to the defendant establishes to the satisfaction of the director that the interests of justice or public safety require that the defendant provide additional samples.

Added by Acts 2001, 77th Leg., ch. 1490, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 760 (H.B. 3295), Sec. 2, eff. June 15, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 7, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 221 (H.B. 941), Sec. 5, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.007, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 326 (H.B. 238), Sec. 1, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 223 (H.B. 979), Sec. 1, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 5, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 6, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 7, eff. September 1, 2019.