H.B. No. 3956         AN ACT   relating to the creation of DNA records for a person arrested for a   felony offense and the expunction of DNA records in certain   circumstances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55.01, Code of Criminal Procedure, is   amended by adding Subsection (e) to read as follows:          (e)  For purposes of this article, records and files relating   to an arrest include:                (1)  a DNA record created under Subchapter G, Chapter   411, Government Code;                (2)  any record of the collection of the specimen from   which the DNA record was created; and                (3)  any record of the transfer of the specimen to the   Department of Public Safety.          SECTION 2.  Section 3(c), Article 55.02, Code of Criminal   Procedure, is amended to read as follows:          (c)  When the order of expunction is final, the clerk of the   court shall send a certified copy of the order to the director of   the Department of Public Safety for purposes of Section 411.151,   Government Code, to the Crime Records Service of the department,   [Department of Public Safety] and to each official or agency or   other governmental entity of this state or of any political   subdivision of this state named in the order.  The certified copy of   the order must be sent by secure electronic mail, electronic   transmission, or facsimile transmission or otherwise by certified   mail, return receipt requested.  In sending the order to a   governmental entity named in the order, the clerk may elect to   substitute hand delivery for certified mail under this subsection,   but the clerk must receive a receipt for that hand-delivered order.          SECTION 3.  Sections 411.1471(a), (b), and (e), Government   Code, are amended to read as follows:          (a)  This section applies to a defendant who is:                (1)  arrested for any offense punishable as 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)  punishable as a Class A or B misdemeanor, as   applicable, under Section 21.08, 25.04, [43.021,] or 43.24, Penal   Code.          (b)  A law enforcement agency booking [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.          (e)  As soon as practicable after the [Notwithstanding   Subsection (d), on] acquittal of a defendant described by   Subsection (a)(1) or dismissal of the case against the defendant,   or after a defendant [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 defendant [person] is actually   innocent of a crime for which the defendant [person] was sentenced,   the court shall provide notice of the acquittal, dismissal, or   grant of relief to the law enforcement agency that took [taking] the   specimen and the department and shall request that the director   expunge the defendant's DNA record from the DNA database under   Section 411.151. On receipt of the notice, the law enforcement   agency shall immediately destroy the record of the collection of   the specimen, and the department shall destroy the specimen and the   record of its receipt.  The court shall promptly notify the   defendant and the defendant's attorney after the notices required   by this subsection have been provided [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].          SECTION 4.  Section 411.151(a), Government Code, is amended   to read as follows:          (a)  The director shall expunge a DNA record of an individual   from a DNA database if [the person]:                (1)  the director receives:                      (A)  an order of expunction under Article 55.02,   Code of Criminal Procedure [notifies the director in writing that   the DNA record has been ordered to be expunged under this section or   Chapter 55, Code of Criminal Procedure, and provides the director   with a certified copy of the court order that expunges the DNA   record]; or                      (B)  a request from a court under Section   411.1471(e); or                (2)  the person provides the director with a certified   copy of a court order issued under Subchapter C-1, Chapter 58,   Family Code, that seals the juvenile record of the adjudication   that resulted in the DNA record.          SECTION 5.  Section 411.151(b), Government Code, is   repealed.          SECTION 6.  Articles 55.01 and 55.02, Code of Criminal   Procedure, as amended by this Act, apply only to an order of   expunction of arrest records and files issued on or after the   effective date of this Act, regardless of when the underlying   arrest occurred.          SECTION 7.  Section 411.1471, Government Code, as amended by   this Act, applies only to an offense committed on or after the   effective date of this Act. An offense committed before the   effective date of this Act is governed by the law in effect on the   date the offense was committed, and the former law is continued in   effect for that purpose. For purposes of this section, an offense   was committed before the effective date of this Act if any element   of the offense occurred before that date.          SECTION 8.  This Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3956 was passed by the House on April   28, 2023, by the following vote:  Yeas 130, Nays 11, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3956 was passed by the Senate on May   21, 2023, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor