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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 of a 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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For purposes of this section, "evidence" means evidence collected |
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during the investigation of an alleged sexual assault or other sex |
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offense, including: |
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(1) evidence from an evidence collection kit used to |
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collect and preserve evidence of a sexual assault or other sex |
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offense; and |
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(2) other biological evidence of a sexual assault or |
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other sex offense. |
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(b) The department shall develop and implement a statewide |
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electronic tracking system for evidence collected in relation to a |
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sexual assault or other sex offense. |
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(c) The tracking system must: |
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(1) track the location and status of each item of |
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evidence through the criminal justice process, including the |
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initial collection of the item of evidence in a forensic medical |
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examination, receipt and storage of the item of evidence at a law |
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enforcement agency, receipt and analysis of the item of evidence at |
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an accredited crime laboratory, and storage and destruction of the |
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item of evidence after the item is analyzed; |
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(2) allow a facility or entity 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 item of evidence to update and track the |
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status and location of the item; 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 each item of evidence |
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collected in relation to the offense. |
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(d) The department shall require participation in the |
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tracking system by any facility or entity that collects evidence of |
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a sexual assault or other sex offense or investigates or prosecutes |
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a sexual assault or other sex offense for which evidence has been |
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collected. |
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(e) 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 evidence tracked under the system may be |
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accessed only by: |
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(1) the survivor from whom the evidence was collected; |
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or |
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(2) an employee of a facility or entity described by |
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Subsection (d), for purposes of updating or tracking the status or |
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location of an item of evidence. |
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(f) An employee of the department or a facility or entity |
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described by Subsection (d) may not disclose to a parent or legal |
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guardian of a survivor information that would aid the parent or |
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legal guardian in accessing records relating to evidence tracked |
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under the system if the employee knows or has reason to believe that |
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the parent or legal guardian is a suspect or a suspected accomplice |
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in the commission of the offense with respect to which evidence was |
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collected. |
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(g) To assist in establishing and maintaining the statewide |
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electronic tracking system under this section, the department may |
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accept gifts, grants, or donations from any person or entity. |
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SECTION 3. (a) Not later than September 1, 2019, the |
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Department of Public Safety of the State of Texas shall require all |
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facilities and entities described by Section 420.034(d), |
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Government Code, as added by this Act, to participate in the |
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statewide electronic tracking system established under that |
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section. |
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(b) Section 420.034, Government Code, as added by this Act, |
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applies only to evidence collected on or after the date on which a |
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facility or entity is first required under Subsection (a) of this |
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section to participate in the statewide electronic tracking system. |
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Evidence collected before that date is not required to be tracked |
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under the tracking system. |
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SECTION 4. This Act takes effect September 1, 2017. |
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