BILL ANALYSIS

C.S.H.B. 3594

By: McReynolds

Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law requires a local jurisdiction to preserve biological evidence used in the conviction of a person who committed a crime.  However, a smaller jurisdiction does not always have the appropriate storage facilities.  This leaves biological evidence at risk of being damaged or destroyed. 

C.S.H.B. 3594 sets forth provisions regarding the delivery of biological evidence that was used in the conviction of a criminal homicide or a sexual offense in a county with a population less than 100,000 to the Department of Public Safety for preservation. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Department of Public Safety in SECTIONS 2 and 3 of this bill.

ANALYSIS

C.S.H.B. 3594 amends the Code of Criminal Procedure to require, in a county with a population of less than 100,000, the attorney representing the state, the clerk, or other officer in possession of any evidence containing biological material used to prosecute and convict a defendant of an offense of criminal homicide or a sexual offense, if on the conviction of the offense the defendant was sentenced to a term of imprisonment of 10 years or more, to ensure the preservation of the evidence by promptly delivering the evidence to the Department of Public Safety (DPS) for storage in accordance with provisions relating to the preservation of evidence containing biological material and DPS rules.

C.S.H.B. 3594 amends the Government Code to require DPS to maintain a storage space for preservation of such evidence containing biological material that is delivered to DPS for storage on behalf of a county with a population of less than 100,000. The bill authorizes DPS to maintain a storage space for the preservation of evidence of a sexual assault or other sex offense. The bill requires DPS, not later than November 1, 2009, to adopt rules relating to the delivery, cataloguing, and preservation of the evidence stored. The bill requires DPS to begin accepting evidence delivered to DPS by an authorized officer of a county with a population of less than 100,000 on January 1, 2010.

C.S.H.B. 3594 makes its provisions applicable to the storage of evidence in the possession of the state during a criminal proceeding that commences on or after January 1, 2010.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3594 differs from the original by specifying that provisions relating to the preservation of evidence containing biological material apply to evidence used for a conviction of an offense of criminal homicide or a sexual offense for which the defendant was sentenced to a term of imprisonment of 10 years or more, whereas the original does not include the condition regarding the 10-year imprisonment term.

C.S.H.B. 3594 differs from the original by authorizing, rather than requiring, the Department of Public Safety (DPS) to maintain a storage space for the preservation of evidence of a sexual assault or other sex offense. The substitute, in the transition provision, requires DPS to begin accepting evidence delivered to DPS on January 1, 2010, whereas the original requires DPS to accept that evidence for crimes occurring after January 1, 2010. The substitute adds a provision not included in the original making its provisions applicable to the storage of evidence in the possession of the state during a criminal proceeding that commences on or after January 1, 2010. The substitute differs from the original in nonsubstantive ways by using language reflective of certain bill drafting conventions.