| 1 | A bill to be entitled | 
| 2 | An act relating to a DNA database; providing a short | 
| 3 | title; amending s. 943.325, F.S.; providing legislative | 
| 4 | intent; providing definitions; providing a phase-in | 
| 5 | schedule whereby persons arrested for specified felony | 
| 6 | offenses will be required to provide DNA samples to the | 
| 7 | Department of Law Enforcement until all persons arrested | 
| 8 | for felony offenses will be required to provide such | 
| 9 | samples; requiring reports; providing for a statewide | 
| 10 | automated personal identification system capable of | 
| 11 | classifying, matching, and storing analyses of DNA and | 
| 12 | other data; providing for access; specifying duties of the | 
| 13 | department; providing that the database may contain DNA | 
| 14 | for certain types of samples; specifying offenders from | 
| 15 | whom DNA is to be collected; authorizing the use of | 
| 16 | reasonable force to collect samples; providing an | 
| 17 | exemption from liability for use of such force; providing | 
| 18 | for collection of samples from specified offenders from | 
| 19 | out of state; requiring the department to provide sample | 
| 20 | containers; providing requirements for information to be | 
| 21 | submitted with each sample; providing for court orders for | 
| 22 | samples; authorizing prosecutors to seek court orders in | 
| 23 | certain circumstances; providing that a convicted person | 
| 24 | shall pay the actual costs of collecting the approved | 
| 25 | biological specimens unless declared indigent; providing | 
| 26 | that certain failures to strictly comply with statute or | 
| 27 | protocol may not provide grounds for challenging the | 
| 28 | validity of the collection or the use of a DNA sample in | 
| 29 | court and evidence based upon or derived from the | 
| 30 | collected DNA sample may not be excluded by a court; | 
| 31 | providing that the detention, arrest, or conviction of a | 
| 32 | person based upon a database match or database information | 
| 33 | will not be invalidated if it is later determined that the | 
| 34 | sample was obtained or placed in the database by mistake; | 
| 35 | providing for retention of samples; providing for analysis | 
| 36 | of samples; requiring that DNA analysis and the comparison | 
| 37 | of analytic results shall be released only to criminal | 
| 38 | justice agencies; providing a public records exemption for | 
| 39 | such information; prohibiting willfully refusing to | 
| 40 | provide a DNA sample; providing penalties; prohibiting | 
| 41 | specified offenses relating to disclosing DNA records, | 
| 42 | using records without authorization, or tampering with DNA | 
| 43 | samples or analysis results; providing penalties; | 
| 44 | providing for removal of records in certain circumstances; | 
| 45 | requiring rulemaking; amending ss. 760.40 and 948.014, | 
| 46 | F.S.; conforming provisions to changes made by this act; | 
| 47 | providing an effective date. | 
| 48 | 
 | 
| 49 | Be It Enacted by the Legislature of the State of Florida: | 
| 50 | 
 | 
| 51 | Section 1.  This act may be cited as the "DNA Database | 
| 52 | Act." | 
| 53 | Section 2.  Section 943.325, Florida Statutes, is amended | 
| 54 | to read: | 
| 55 | (Substantial rewording of section. See | 
| 56 | s. 943.325, F.S., for present text) | 
| 57 | 943.325  DNA Database.-- | 
| 58 | (1)  LEGISLATIVE INTENT.-- | 
| 59 | (a)  The Legislature hereby finds that DNA databases are | 
| 60 | important tools in criminal investigations, in the exclusion of | 
| 61 | individuals who are the subject of criminal investigations or | 
| 62 | prosecutions and in detecting recidivist acts. It is the policy | 
| 63 | of this state to assist federal, state, and local criminal | 
| 64 | justice and law enforcement agencies in the identification and | 
| 65 | detection of individuals in criminal investigations and the | 
| 66 | identification and location of missing and unidentified persons. | 
| 67 | Therefore, it is in the best interests of the citizens of this | 
| 68 | state to establish a statewide DNA database containing DNA | 
| 69 | samples submitted by persons convicted of or arrested for felony | 
| 70 | offenses and convicted of certain misdemeanor offenses. | 
| 71 | Additionally, the statewide DNA database shall include DNA | 
| 72 | records and samples necessary for the identification of missing | 
| 73 | persons and unidentified human remains, including DNA samples | 
| 74 | voluntarily contributed by relatives of missing persons. | 
| 75 | (b)  The Legislature also finds that upon establishment of | 
| 76 | the Florida DNA database a match between casework evidence DNA | 
| 77 | samples from a criminal investigation and DNA samples from a | 
| 78 | state or federal DNA database of certain offenders may be used | 
| 79 | to find probable cause for the issuance of a warrant to obtain | 
| 80 | the DNA sample from an offender. | 
| 81 | (2)  DEFINITIONS.--As used in this section, the term: | 
| 82 | (a)  "Arrested" means apprehended or physically taken into | 
| 83 | custody, resulting in the submission of arrest fingerprints to | 
| 84 | the department, pursuant to s. 943.051. | 
| 85 | (b)  "CODIS" means the Federal Bureau of Investigation's | 
| 86 | Combined DNA Index System that allows the storage and exchange | 
| 87 | of DNA records submitted by federal, state, and local forensic | 
| 88 | DNA laboratories. | 
| 89 | (c)  "Convicted" means a finding of guilt by a court of | 
| 90 | competent jurisdiction, or entry of a plea of nolo contendere or | 
| 91 | guilty, or, in the case of a juvenile, the finding of | 
| 92 | delinquency, regardless of adjudication. | 
| 93 | (d)  "DNA" means deoxyribonucleic acid. DNA is located in | 
| 94 | the cells and provides an individual's personal genetic | 
| 95 | blueprint. DNA encodes genetic information that is the basis of | 
| 96 | human heredity and forensic identification. | 
| 97 | (e)  "DNA record" means all information associated with the | 
| 98 | collection and analysis of a person's DNA sample, including the | 
| 99 | distinguishing characteristics collectively referred to as a DNA | 
| 100 | profile. | 
| 101 | (f)  "DNA sample" means a buccal or other approved | 
| 102 | biological specimen capable of undergoing DNA analysis. | 
| 103 | (g)  "Qualifying offender" means any person, whether a | 
| 104 | juvenile or an adult, who is: | 
| 105 | 1.a.  Committed to a county jail; | 
| 106 | b.  Committed to or under the supervision of the Department | 
| 107 | of Corrections, including persons incarcerated in a private | 
| 108 | correctional institution operated under contract pursuant to s. | 
| 109 | 944.105; | 
| 110 | c.  Committed to or under the supervision of the Department | 
| 111 | of Juvenile Justice; | 
| 112 | d.  Transferred to this state under the Interstate Compact | 
| 113 | on Juveniles, part XIII of chapter 985; or | 
| 114 | e.  Accepted under Article IV of the Interstate Corrections | 
| 115 | Compact, part III of chapter 941; and | 
| 116 | 2.a.  Convicted of any felony offense or attempted felony | 
| 117 | offense in this state or of a similar offense in another | 
| 118 | jurisdiction; | 
| 119 | b.  Convicted of a misdemeanor violation of s. 784.048, s. | 
| 120 | 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an | 
| 121 | offense that was found, pursuant to s. 874.04, to have been | 
| 122 | committed for the purpose of benefiting, promoting, or | 
| 123 | furthering the interests of a criminal gang as defined in s. | 
| 124 | 874.03; or | 
| 125 | c.  Arrested for any felony offense or attempted felony | 
| 126 | offense in this state. | 
| 127 | (3)  REQUIREMENT TO SUBMIT.-- | 
| 128 | (a)  Each qualifying offender shall submit a DNA sample as | 
| 129 | required in subsection (7). | 
| 130 | (b)  DNA samples collected under paragraph (a) from persons | 
| 131 | arrested for any felony offense or attempted felony offense in | 
| 132 | this state are subject to sufficient funding appropriations | 
| 133 | being approved by the Legislature and becoming law according to | 
| 134 | the following schedule: | 
| 135 | 1.  Beginning January 1, 2011, all felonies defined by | 
| 136 | chapters 782, 784, 794, and 800. | 
| 137 | 2.  Beginning January 1, 2013, all felonies defined by | 
| 138 | chapters 810 and 812. | 
| 139 | 3.  Beginning January 1, 2015, all felonies defined by | 
| 140 | chapters 787 and 790. | 
| 141 | 4.  Beginning January 1, 2017, all felonies defined by | 
| 142 | chapter 893. | 
| 143 | 5.  Beginning January 1, 2019, all remaining felony | 
| 144 | offenses. | 
| 145 | 
 | 
| 146 | The department may reject DNA samples submitted pursuant to this | 
| 147 | subsection if submitted before the funding of any phase or if | 
| 148 | received before the department issues an official notification | 
| 149 | to the submitting agency that the department is sufficiently | 
| 150 | prepared to receive the samples. | 
| 151 | (c)  On or before February 1, 2010, and by February 1 of | 
| 152 | each even-numbered year thereafter through 2018, the department | 
| 153 | shall submit a report to the Legislature listing the funding, | 
| 154 | infrastructure, facility, and personnel requirements necessary | 
| 155 | to operate the DNA database and DNA evidentiary analysis for the | 
| 156 | expansion phase scheduled for the following year. | 
| 157 | (4)  STATEWIDE DNA DATABASE.--The department, through the | 
| 158 | statewide criminal laboratory analysis system shall establish, | 
| 159 | implement, and maintain a statewide automated personal | 
| 160 | identification system capable of, but not limited to, | 
| 161 | classifying, matching, and storing analyses of DNA and other | 
| 162 | biological molecules and related data. The department shall be | 
| 163 | the administrator of the statewide DNA database. All accredited | 
| 164 | local government crime laboratories within the state shall have | 
| 165 | access through CODIS to the statewide DNA database in accordance | 
| 166 | with the rules and agreements established by the department. | 
| 167 | (5)  DUTIES.--The department shall: | 
| 168 | (a)  Receive, process, and store DNA and the data derived | 
| 169 | therefrom furnished pursuant to this section. | 
| 170 | (b)  Collect, process, maintain, and disseminate | 
| 171 | information and records as provided by this section. | 
| 172 | (c)  Strive to maintain and disseminate only accurate and | 
| 173 | complete records. | 
| 174 | (d)  Participate in the national DNA database program | 
| 175 | administered by the Federal Bureau of Investigation. | 
| 176 | (e)  Provide for liaison with the Federal Bureau of | 
| 177 | Investigation and other criminal justice agencies relating to | 
| 178 | the state's participation in the CODIS program and the national | 
| 179 | DNA index system. | 
| 180 | (f)  Adopt rules specifying the proper procedure, including | 
| 181 | requisite identification information, for state and local law | 
| 182 | enforcement and correctional agencies to collect and submit DNA | 
| 183 | samples pursuant to this section. | 
| 184 | (6)  SAMPLES.--The statewide DNA database may contain DNA | 
| 185 | data obtained from the following types of biological samples: | 
| 186 | (a)  Crime scene samples. | 
| 187 | (b)  Samples obtained from qualifying offenders required by | 
| 188 | this section to provide a biological sample for DNA analysis and | 
| 189 | inclusion in the statewide DNA database. | 
| 190 | (c)  Samples lawfully obtained during the course of a | 
| 191 | criminal investigation. | 
| 192 | (d)  Samples from deceased victims or suspects that were | 
| 193 | lawfully obtained during the course of a criminal investigation. | 
| 194 | (e)  Samples from unidentified human remains. | 
| 195 | (f)  Samples from persons reported missing. | 
| 196 | (g)  Samples voluntarily contributed by relatives of | 
| 197 | missing persons. | 
| 198 | (h)  Other samples approved by the department. | 
| 199 | (7)  COLLECTION OF DNA SAMPLES FROM OFFENDERS.-- | 
| 200 | (a)  Any qualifying offender, who is: | 
| 201 | 1.  Arrested in this state, | 
| 202 | 2.  Incarcerated in this state, or | 
| 203 | 3.  On probation, community control, parole, conditional | 
| 204 | release, control release, or any other type of court-ordered | 
| 205 | supervision in this state, | 
| 206 |  | 
| 207 | shall be required to submit a DNA sample to a department- | 
| 208 | designated facility. | 
| 209 | (b)  Arrested qualifying offenders must submit a DNA sample | 
| 210 | at the time they are booked into a jail, correctional facility, | 
| 211 | or juvenile facility. | 
| 212 | (c)  Incarcerated persons and those in the custody of the | 
| 213 | Department of Juvenile Justice must submit required DNA samples | 
| 214 | not less than 45 days before their presumptive date of release | 
| 215 | from such incarceration or commitment. | 
| 216 | (d)  Upon the conviction of any qualifying offender which | 
| 217 | results in the commitment of the offender to a county jail, | 
| 218 | correctional facility, or juvenile facility, the entity | 
| 219 | responsible for the jail or facility shall ensure that a DNA | 
| 220 | sample is promptly secured and transmitted to the department. | 
| 221 | Personnel at the jail, correctional facility, or juvenile | 
| 222 | facility shall collect the DNA samples as part of the regular | 
| 223 | processing of qualifying offenders committed to the jail or | 
| 224 | facility. | 
| 225 | (e)  If a qualifying offender is not incarcerated following | 
| 226 | conviction, that offender may not be released from the custody | 
| 227 | of the court at the time of sentencing or released pursuant to a | 
| 228 | bond or surety until the DNA sample required by this section has | 
| 229 | been taken by the sheriff or his or her designee. The sheriff | 
| 230 | shall secure, process, and transmit the DNA sample to the | 
| 231 | department in a timely manner. | 
| 232 | (8)  REASONABLE FORCE.--Duly authorized law enforcement and | 
| 233 | corrections personnel may employ reasonable force in cases where | 
| 234 | a qualifying offender refuses to provide a DNA sample required | 
| 235 | under this section, and no such employee shall be civilly or | 
| 236 | criminally liable for the use of such reasonable force. | 
| 237 | (9)  OUT-OF-STATE OFFENDERS.--Any qualifying offender who | 
| 238 | is: | 
| 239 | (a)  Transferred to this state under the Interstate Compact | 
| 240 | on Juveniles, part XIII of chapter 985, for a felony offense or | 
| 241 | attempted felony offense, or | 
| 242 | (b)  Accepted under Article IV of the Interstate | 
| 243 | Corrections Compact, part III of chapter 941, for a felony | 
| 244 | offense or attempted felony offense, | 
| 245 |  | 
| 246 | shall provide a DNA sample pursuant to this section to the | 
| 247 | entity responsible for supervision of the offender, who shall | 
| 248 | ensure that the DNA sample is collected in a manner approved by | 
| 249 | the department and promptly secured and transmitted to the | 
| 250 | department. | 
| 251 | (10)  COLLECTION; LIABILITY.-- | 
| 252 | (a)  The collection of DNA samples may be performed by any | 
| 253 | person using a collection kit approved by the department as | 
| 254 | directed in the kit or pursuant to other procedures approved by | 
| 255 | or acceptable to the department. | 
| 256 | (b)  Any person who collects or assists in the collection | 
| 257 | of a DNA sample is not civilly or criminally liable if a | 
| 258 | collection kit provided or approved by the department is used | 
| 259 | and the collection is done as directed in the kit, in a manner | 
| 260 | approved by the department, or is performed in an otherwise | 
| 261 | reasonable manner. | 
| 262 | (11)  SAMPLE SUBMISSION.--The department will provide the | 
| 263 | DNA sample collection kits, labels, or other appropriate | 
| 264 | containers and instructions for the collection of the DNA | 
| 265 | samples. After collection, the DNA samples shall be forwarded to | 
| 266 | the department for analysis to determine genetic markers and | 
| 267 | characteristics for the purpose of individual identification of | 
| 268 | the person submitting the sample. | 
| 269 | (a)  At minimum, the following information must be included | 
| 270 | with each submission: | 
| 271 | 1.  The qualifying offender's last name, first name, date | 
| 272 | of birth, race, gender, and State Identification (SID) number if | 
| 273 | known. | 
| 274 | 2.  The statute number of each offense charged. | 
| 275 | 3.  The collecting agency's name and address. | 
| 276 | 4.  The name and telephone number of the person performing | 
| 277 | the collection of the DNA sample or witnessing the collection of | 
| 278 | the sample. | 
| 279 | (b)  If a DNA sample submitted to the department under this | 
| 280 | section cannot be used by the department in the manner and for | 
| 281 | the purposes required by this section, the department may | 
| 282 | require that another DNA sample be obtained. | 
| 283 | (12)  COURT ORDERS; COSTS.--The sentencing court shall | 
| 284 | include in the judgment order for a qualifying offender a | 
| 285 | provision requiring collection of a DNA sample from the | 
| 286 | defendant in a manner consistent with this section. | 
| 287 | (a)  Unless a convicted person has been declared indigent | 
| 288 | by the court, the convicted person shall pay the actual costs of | 
| 289 | collecting the approved biological specimens required under this | 
| 290 | section. | 
| 291 | (b)  If the order of a sentencing court fails to order a | 
| 292 | qualifying offender to submit a DNA sample as mandated by this | 
| 293 | section, the prosecutor may seek an amended order from the | 
| 294 | sentencing court requiring submission of a DNA sample in | 
| 295 | compliance with this section. In the alternative, the | 
| 296 | department, the Department of Corrections, a law enforcement | 
| 297 | agency, or a prosecutor may apply to the appropriate circuit | 
| 298 | court with jurisdiction for an order authorizing the seizure of | 
| 299 | the qualifying offender for the purpose of securing the required | 
| 300 | DNA sample. | 
| 301 | 1.  The court shall issue the order upon a showing of | 
| 302 | probable cause. | 
| 303 | 2.  Following issuance of the order, the DNA sample shall | 
| 304 | be collected in a reasonable manner and the qualifying offender | 
| 305 | shall be released unless there is cause to justify retaining the | 
| 306 | offender in custody. | 
| 307 | (c)  Failure by a law enforcement agency or other entity | 
| 308 | involved in collection of DNA samples under this section to | 
| 309 | strictly comply with this section or to abide by a statewide | 
| 310 | protocol for collecting DNA samples is not grounds for | 
| 311 | challenging the validity of the collection or the use of a DNA | 
| 312 | sample in court and evidence based upon or derived from the | 
| 313 | collected DNA sample may not be excluded by a court. | 
| 314 | (d)  The detention, arrest, or conviction of a person based | 
| 315 | upon a database match or database information will not be | 
| 316 | invalidated if it is later determined that the sample was | 
| 317 | obtained or placed in the database by mistake. | 
| 318 | (e)  All DNA samples submitted to the department for any | 
| 319 | reason shall be retained in the statewide DNA database and may | 
| 320 | be used for all lawful purposes as provided in this section. | 
| 321 | (13)  ANALYSIS OF DNA SAMPLES.-- | 
| 322 | (a)  The department shall specify procedures for the | 
| 323 | collection, submission, identification, analysis, storage, and | 
| 324 | disposition of the DNA samples and DNA records collected under | 
| 325 | this section. These procedures shall also ensure compliance with | 
| 326 | national quality assurance standards so that the DNA records may | 
| 327 | be accepted into the national DNA database. | 
| 328 | (b)  The analyses of DNA samples collected under this | 
| 329 | section shall be used only for law enforcement identification | 
| 330 | purposes or to assist in the recovery or identification of human | 
| 331 | remains or missing persons and may not be used for | 
| 332 | identification of any medical or genetic condition. | 
| 333 | (c)  When completed, the results of DNA analysis shall be | 
| 334 | entered into the statewide DNA database maintained and | 
| 335 | administered by the department for such purpose, as provided in | 
| 336 | this section. | 
| 337 | (14)  RESULTS.--The results of a DNA analysis and the | 
| 338 | comparison of analytic results shall be released only to | 
| 339 | criminal justice agencies as defined in s. 943.045(10), at the | 
| 340 | request of the agency. Otherwise, such information is | 
| 341 | confidential and exempt from the provisions of s. 119.07(1) and | 
| 342 | s. 24(a), Art. I of the State Constitution. | 
| 343 | (15)  OFFENSES AND PENALTIES.-- | 
| 344 | (a)  Any person subject to the requirements of this section | 
| 345 | who willfully refuses to provide a DNA sample commits a | 
| 346 | misdemeanor of the second degree, punishable as provided in s. | 
| 347 | 775.082 or s. 775.083. | 
| 348 | (b)  Any person who: | 
| 349 | 1.  Knowingly or intentionally discloses a DNA record, | 
| 350 | including the results of a DNA analysis, to a person or agency | 
| 351 | other than one authorized to have access to such records under | 
| 352 | this section; | 
| 353 | 2.  Knowingly or intentionally uses or receives DNA | 
| 354 | records, including the results of DNA analysis, for purposes | 
| 355 | other than those authorized under this section; or | 
| 356 | 3.  Knowingly or intentionally tampers or attempts to | 
| 357 | tamper with any DNA sample, the result of any analysis of a DNA | 
| 358 | sample, or a DNA sample collection container | 
| 359 |  | 
| 360 | commits a felony of the third degree, punishable as provided in | 
| 361 | s. 775.082, s. 775.083, or s. 775.084. | 
| 362 | (16)  REMOVAL FROM DATABASE.-- | 
| 363 | (a)  Unless the department determines that a person is | 
| 364 | otherwise required by law to submit a DNA sample for inclusion | 
| 365 | in the statewide DNA database, the department shall, upon | 
| 366 | receipt and completion of such verification as may be required | 
| 367 | of the information noted below, promptly remove from the | 
| 368 | statewide DNA database the DNA analysis and any DNA biological | 
| 369 | samples that may have been retained of a person included therein | 
| 370 | on the basis of: | 
| 371 | 1.  A conviction for a qualifying offense specified in | 
| 372 | paragraph (2)(g)2.a. or b., if the department receives, from the | 
| 373 | person seeking removal of DNA information from the statewide DNA | 
| 374 | database, for each qualifying offense, a certified copy of a | 
| 375 | final court order establishing that such conviction has been | 
| 376 | overturned on direct appeal or set aside in a postconviction | 
| 377 | proceeding; or | 
| 378 | 2.  An arrest, if the department receives, from the person | 
| 379 | seeking removal of DNA information from the statewide DNA | 
| 380 | database, for each charge against the person on the basis of | 
| 381 | which the analysis was or could have been included in the | 
| 382 | statewide DNA database, a certified copy of the no information | 
| 383 | or nolle prosequi filed by the state attorney, or final court | 
| 384 | order or other official documentation establishing that such | 
| 385 | charge has been dismissed or has resulted in an acquittal or | 
| 386 | that no charge was filed within the applicable time period. | 
| 387 | 
 | 
| 388 | For purposes of this paragraph, a court order is not final if | 
| 389 | time remains for an appeal or application for discretionary | 
| 390 | review with respect to the order, or if a case has been remanded | 
| 391 | for retrial or other proceedings and has not been resolved after | 
| 392 | remand, or time remains for appeal or discretionary review of | 
| 393 | the remanded case or any other such proceedings that have not | 
| 394 | concluded and rendered the case resolved with finality. | 
| 395 | (b)  The department shall, by rule, establish the procedure | 
| 396 | by which a person seeking removal of his or her DNA analysis and | 
| 397 | biological sample from the statewide DNA database shall submit | 
| 398 | the certified information required in this subsection to the | 
| 399 | department. | 
| 400 | Section 3.  Paragraph (a) of subsection (2) of section | 
| 401 | 760.40, Florida Statutes, is amended to read: | 
| 402 | 760.40  Genetic testing; informed consent; confidentiality; | 
| 403 | penalties; notice of use of results.-- | 
| 404 | (2)(a)  Except for purposes of criminal prosecution, except | 
| 405 | for purposes of determining paternity as provided in s. 409.256 | 
| 406 | or s. 742.12(1), and except for purposes of acquiring specimens | 
| 407 | from persons convicted of certain offenses orasotherwise  | 
| 408 | provided in s. 943.325, DNA analysis may be performed only with | 
| 409 | the informed consent of the person to be tested, and the results | 
| 410 | of such DNA analysis, whether held by a public or private | 
| 411 | entity, are the exclusive property of the person tested, are | 
| 412 | confidential, and may not be disclosed without the consent of | 
| 413 | the person tested. Such information held by a public entity is | 
| 414 | exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I | 
| 415 | of the State Constitution. | 
| 416 | Section 4.  Subsection (1) of section 948.014, Florida | 
| 417 | Statutes, is amended to read: | 
| 418 | 948.014  Requirement to submit to drawing of blood or other | 
| 419 | biological specimens.-- | 
| 420 | (1)  As a condition of probation, community control, or any | 
| 421 | other court-ordered community supervision, the court shall order | 
| 422 | offenders order persons convicted of offenses specified in s.  | 
| 423 | 943.325to submit to the drawing of the blood or other | 
| 424 | biological specimens when required under s. 943.325 as  | 
| 425 | prescribed in that sectionas a condition of the probation, | 
| 426 | community control, or other court-ordered community supervision. | 
| 427 | Section 5.  This act shall take effect July 1, 2009. |