Subscribe to receive our Floor Reports covering all the action on the Texas House and Senate floor!
HB 941, if passed, would modify the Code of Criminal Procedure (Section 102.020) by affecting the regime surrounding DNA collection. Two notable changes would be introduced by the bill. The first is that the offense of enticing a child is added to the list of offenses which may warrant DNA testing. The second is that a new component is added which states that is a DNA sample was collected for the sole purpose of creating a record, the director may destroy the sample after the results have been entered into the CODIS database.
The motivation behind HB 941 is to ensure that those who entice children would have their DNA added to a relevant database. This is appropriate. As to the second change regarding the possible destruction of DNA samples after they have been entered into the CODIS database, we are ambivalent. Such a change would grant the state more flexibility, and if samples are retained in the Federal Bureau of Investigation database it may not matter if they are held elsewhere. Ultimately though, we are in favor of HB 941.