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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a statewide electronic tracking system for |
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evidence collection kits used to collect and preserve evidence of a |
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sex offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 420, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF |
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EVIDENCE OF SEX OFFENSE |
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SECTION 2. Subchapter B, Chapter 420, Government Code, is |
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amended by adding Section 420.034 to read as follows: |
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Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a) |
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The department shall develop and implement a statewide electronic |
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tracking system for evidence collection kits used to collect and |
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preserve evidence of a sexual assault or other sex offense. |
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(b) The tracking system must: |
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(1) track the location and status of each evidence |
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collection kit through the criminal justice process, including the |
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initial collection of evidence for the kit in a forensic medical |
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examination performed at a health care facility, receipt and |
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storage of the kit at a law enforcement agency, receipt and analysis |
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of the kit at an accredited crime laboratory, and storage and |
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destruction of the kit after the applicable evidence is analyzed; |
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(2) allow a health care facility performing a forensic |
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medical examination of a survivor, law enforcement agency, |
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accredited crime laboratory, prosecutor, or other entity providing |
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a chain of custody for an evidence collection kit to update and |
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track the status and location of the kit; and |
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(3) allow a survivor to anonymously track or receive |
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updates regarding the status and location of the survivor's |
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evidence collection kit. |
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(c) The department shall require participation in the |
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tracking system by any entity that collects evidence for an |
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evidence collection kit or investigates or prosecutes a sex offense |
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for which an evidence collection kit has been completed. |
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(d) Records entered into the tracking system are |
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confidential and are not subject to disclosure under Chapter 552. |
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Records relating to an evidence collection kit may be accessed only |
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by: |
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(1) the survivor for whom the evidence collection kit |
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was completed; or |
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(2) an employee of an entity described by Subsection |
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(c), for purposes of updating or tracking the status or location of |
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the evidence collection kit. |
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SECTION 3. Not later than September 1, 2019, the Department |
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of Public Safety of the State of Texas shall require all entities |
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described by Section 420.034(c), Government Code, as added by this |
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Act, to participate in the statewide electronic tracking system |
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established under that section. |
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SECTION 4. This Act takes effect September 1, 2017. |