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

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

(1) arrested for any offense punishable as a felony; or

(2) convicted of an offense:

(A) under Title 5, Penal Code, that is punishable as a Class A misdemeanor, 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, or 43.24, Penal Code.

(b) A law enforcement agency booking 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(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 7, eff.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:

(1) send the specimen to the director;

(2) send to the director an analysis of the sample performed at a laboratory chosen by the agency and approved by the director; or

(3) send to the director a rapid DNA analysis of the sample if the director has authorized the agency to perform the analysis.

(e) As soon as practicable after the acquittal of a defendant described by Subsection (a)(1) or dismissal of the case against the defendant, or after a defendant has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the defendant is actually innocent of a crime for which the defendant was sentenced, the court shall provide notice of the acquittal, dismissal, or grant of relief to the law enforcement agency that took 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.

(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.