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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection, storage, and analysis of sexual assault |
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evidence and evidence of other sex offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. EVIDENCE RELEASE AND STORAGE. (a) If a |
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health care facility or other entity that performs a medical |
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examination to collect evidence of a sexual assault or other sex |
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offense receives signed, written consent to release the evidence as |
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provided by Section 420.0735, the facility or entity shall notify |
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either the law enforcement agency investigating the alleged sexual |
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assault or other sex offense, if known, or the local law enforcement |
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agency not later than 24 hours after receiving consent. |
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(b) A law enforcement agency that receives notice from a |
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health care facility or other entity under Subsection (a) shall |
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take possession of the evidence not later than the 14th day after |
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the date the law enforcement agency receives notice. |
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(c) If a law enforcement agency that takes possession of |
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evidence under Subsection (b) determines that the agency does not |
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have jurisdiction over the investigation of the alleged sexual |
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assault or other sex offense, the law enforcement agency shall |
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notify the law enforcement agency with jurisdiction over the |
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investigation not later than 14 days after making that |
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determination. |
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(d) A law enforcement agency that receives notice under |
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Subsection (c) shall take possession of the evidence not later than |
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the 14th day after the date the law enforcement agency receives |
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notice. |
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(e) A health care facility or other entity that performs a |
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medical examination to collect evidence of a sexual assault or |
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other sex offense that has not obtained signed, written consent as |
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provided by Section 420.0735 shall provide the survivor with |
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information relating to: |
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(1) the facility's or entity's evidence storage policy |
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for evidence of a sexual assault or other sex offense, including a |
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statement of the period for which the evidence will be stored before |
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the evidence is destroyed; and |
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(2) the ways in which the survivor can release the |
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evidence to a law enforcement agency. |
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(f) A health care facility or other entity that performs a |
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medical examination must store evidence of a sexual assault or |
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other sex offense that is not released to a law enforcement agency |
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until at least the first anniversary of the date the evidence was |
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collected. |
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(g) The failure of a health care facility or other entity or |
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a law enforcement agency to comply with the requirements of this |
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section does not constitute grounds in a criminal proceeding for: |
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(1) a defendant to challenge the validity of a DNA |
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match obtained by comparison under Section 420.043; or |
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(2) a court to exclude DNA evidence. |
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(h) A person accused or convicted of committing a sexual |
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assault or other sex offense against the survivor does not have |
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standing to object to the failure of a health care facility or other |
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entity or a law enforcement agency to comply with the requirements |
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of this section. Failure of a facility, entity, or agency to comply |
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with the requirements of this section does not constitute grounds |
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for setting aside the conviction of a person convicted of |
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committing a sexual assault or other sex offense against the |
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survivor. |
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SECTION 2. Section 420.042, Government Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsections (f) |
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and (g) to read as follows: |
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(a) A law enforcement agency that receives sexual assault |
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evidence or evidence of another sex offense collected under this |
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chapter or other law shall assign a unique number to the evidence |
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and shall submit that evidence to a public accredited crime |
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laboratory for analysis not later than the 14th [30th] day after the |
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date on which that evidence was received. Evidence submitted to a |
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public accredited crime laboratory under this subsection must |
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include the unique number assigned to the evidence by the agency. |
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(c) If sufficient personnel and resources are available, a |
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public accredited crime laboratory, as soon as practicable but not |
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later than the 60th day after the date on which the laboratory |
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received the evidence, shall complete its analysis of [sexual
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assault] evidence submitted under this chapter or other law. |
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(e) The failure of a law enforcement agency to take |
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possession of sexual assault evidence or evidence of another sex |
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offense within the period required by Section 420.034 or to submit |
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that [sexual assault] evidence within the period required by this |
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section does not affect the authority of: |
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(1) the agency to take possession of the evidence; |
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(2) the agency to submit the evidence to an accredited |
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crime laboratory for analysis; [or] |
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(3) [(2)] an accredited crime laboratory to analyze |
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the evidence or provide the results of that analysis to appropriate |
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persons; or |
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(4) the department to compare the DNA profile obtained |
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from the biological evidence with DNA profiles in a database under |
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Section 420.043. |
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(f) The failure of a law enforcement agency or public |
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accredited crime laboratory to comply with the requirements of this |
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section does not constitute grounds in a criminal proceeding for: |
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(1) the defendant to challenge the validity of a DNA |
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match obtained by comparison under Section 420.043; or |
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(2) a court to exclude DNA evidence. |
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(g) A person accused or convicted of committing a sexual |
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assault or other sex offense against the survivor does not have |
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standing to object to the failure of a law enforcement agency or |
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public accredited crime laboratory to comply with the requirements |
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of this section. Failure of an agency or laboratory to comply with |
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the requirements of this section does not constitute grounds for |
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setting aside the conviction of a person convicted of committing a |
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sexual assault or other sex offense against the survivor. |
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SECTION 3. Section 420.043, Government Code, is amended to |
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read as follows: |
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Sec. 420.043. DATABASE COMPARISON REQUIRED. After [On the
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request of any appropriate person and after] an evidence collection |
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kit containing biological evidence has been analyzed by an |
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accredited crime laboratory and any necessary quality assurance |
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reviews have been performed, the department shall compare the DNA |
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profile obtained from the biological evidence with DNA profiles |
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maintained in: |
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(1) state databases, including the DNA database |
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maintained under Subchapter G, Chapter 411, if the amount and |
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quality of the analyzed sample meet the requirements of the state |
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database comparison policies; and |
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(2) the CODIS DNA database established by the Federal |
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Bureau of Investigation, if the amount and quality of the analyzed |
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sample meet the requirements of the bureau's CODIS comparison |
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policies. |
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SECTION 4. (a) Except as provided by Subsections (b) and |
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(c) of this section, the changes in law made by this Act apply only |
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to sexual assault evidence and evidence of other sex offenses |
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collected on or after the effective date of this Act. Evidence |
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collected before the effective date of this Act is governed by the |
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law in effect on the date the evidence was collected, and the former |
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law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section |
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420.042(a), Government Code, applies only to sexual assault |
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evidence and evidence of other sex offenses received by a law |
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enforcement agency not earlier than 14 days before the effective |
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date of this Act. Evidence received by a law enforcement agency |
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earlier than 14 days before the effective date of this Act is |
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governed by the law in effect on the date the evidence was received, |
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and the former law is continued in effect for that purpose. |
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(c) The change in law made by this Act by adding Section |
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420.034(c), Government Code, applies only to sexual assault |
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evidence and evidence of other sex offenses received by a public |
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accredited crime laboratory on or after the effective date of this |
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Act. Evidence received by a public accredited crime laboratory |
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before the effective date of this Act is governed by the law in |
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effect on the date the evidence was received, 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, 2017. |