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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation of evidence that contains biological |
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material. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.43, Code of Criminal Procedure, is |
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amended by adding Subsection (f) to read as follows: |
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(f)(1) This subsection applies only to evidence described |
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by Subsection (b) that was used to prosecute and convict a defendant |
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of an offense under Chapter 19 or 21, Penal Code, if on conviction |
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of the offense the defendant was sentenced to a term of imprisonment |
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of 10 years or more. |
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(2) In a county with a population less than 100,000, |
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the attorney representing the state, clerk, or other officer in |
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possession of any evidence to which this subsection applies shall |
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ensure the preservation of the evidence by promptly delivering the |
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evidence to the Department of Public Safety for storage in |
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accordance with Section 411.052, Government Code, and department |
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rules. |
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SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.052 to read as follows: |
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Sec. 411.052. PRESERVATION OF EVIDENCE CONTAINING |
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BIOLOGICAL MATERIAL. (a) The department: |
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(1) shall maintain a storage space for the |
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preservation of evidence containing biological material that is |
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delivered to the department under Article 38.43(f), Code of |
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Criminal Procedure; and |
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(2) may maintain a storage space for the preservation |
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of evidence of a sexual assault or other sex offense. |
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(b) The department shall adopt rules relating to the |
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delivery, cataloging, and preservation of evidence stored under |
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this section. |
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SECTION 3. (a) The Department of Public Safety of the State |
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of Texas shall adopt rules as required by Section 411.052(b), |
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Government Code, as added by this Act, not later than November 1, |
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2009. |
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(b) The Department of Public Safety of the State of Texas |
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must begin accepting evidence delivered to the department in |
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accordance with Article 38.43, Code of Criminal Procedure, as |
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amended by this Act, and Section 411.052, Government Code, as added |
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by this Act, on January 1, 2010. |
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SECTION 4. The change in law made by this Act applies to the |
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storage of evidence in the possession of the state during a criminal |
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proceeding that commences on or after January 1, 2010. The storage |
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of evidence in the possession of the state during a criminal |
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proceeding that commences before January 1, 2010, is covered by the |
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law in effect when the proceeding commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |