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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Sexual Assault Evidentiary |
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Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.003(5), Government Code, is amended |
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to read as follows: |
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(5) "Sexual assault examiner" means a person who uses |
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a standardized [an attorney general-approved] evidence collection |
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kit and protocol adopted by the attorney general by rule to collect |
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and preserve evidence of a sexual assault or other sex offense. |
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SECTION 2. Section 420.011(a), Government Code, is amended |
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to read as follows: |
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(a) The attorney general, with the advice of the Texas |
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Sexual Assault Evidentiary Council, may adopt rules necessary to |
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implement this chapter. A proposed rule must be provided to grant |
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recipients at least 60 days before the date of adoption. |
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SECTION 3. Subchapter A, Chapter 420, Government Code, is |
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amended by adding Section 420.016 to read as follows: |
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Sec. 420.016. TEXAS SEXUAL ASSAULT EVIDENTIARY COUNCIL. |
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(a) In this section, "council" means the Texas Sexual Assault |
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Evidentiary Council. |
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(b) The office of the attorney general shall establish the |
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Texas Sexual Assault Evidentiary Council to advise the attorney |
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general in the development of rules regarding the collection and |
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preservation of evidence in cases of sexual assault or other sex |
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offenses. |
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(c) The council is composed of the following: |
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(1) the governor or the governor's designee; |
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(2) the attorney general or the attorney general's |
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designee; |
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(3) a member of the senate, appointed by the |
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lieutenant governor, or the member's designee; |
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(4) a member of the house of representatives, |
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appointed by the speaker of the house, or the member's designee; |
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(5) the executive commissioner of the Health and Human |
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Services Commission or the executive commissioner's designee; |
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(6) the executive director of the Texas Commission on |
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Law Enforcement or the executive director's designee; |
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(7) the presiding officer of the Texas Forensic |
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Science Commission or the presiding officer's designee; |
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(8) the division director of the Law Enforcement |
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Support Division of the Texas Department of Public Safety with |
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authority over the Crime Laboratory Service or the division |
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director's designee; |
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(9) the president of the Texas District and County |
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Attorney's Association or the president's designee; |
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(10) the president of the Sheriffs' Association of |
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Texas or the president's designee; |
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(11) the president of the Texas Police Chiefs |
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Association or the president's designee; |
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(12) the president of the Texas Society of |
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Pathologists or the president's designee; |
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(13) the chair of the Texas Hospital Association or |
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the chair's designee; |
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(14) the president of the International Association of |
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Forensic Nurses Texas Chapter or the president's designee; |
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(15) the president of the Texas Association Against |
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Sexual Assault or the president's designee; and |
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(16) a person designated by the president of the Texas |
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Association Against Sexual Assault to represent the interests of |
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survivors of sexual assault or other sex offenses. |
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(d) An appointed member serves at the pleasure of the |
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official who appointed the member. |
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(e) The presiding officer of the council is the attorney |
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general or the attorney general's designee. |
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(f) The council shall meet at least twice a year at the call |
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of the presiding officer. The council shall meet at other times as |
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determined by the presiding officer. |
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(g) The council shall make and periodically update |
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recommendations relating to the collection and preservation of |
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evidence in cases of sexual assault or other sex offenses, |
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including recommendations regarding: |
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(1) a standardized evidence collection kit for use in |
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the collection and preservation of evidence of a sexual assault or |
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other sex offense to be used throughout the state, specifying the |
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physical dimensions, labeling, and contents of the kit; |
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(2) the development of a protocol for the collection |
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and preservation of evidence of a sexual assault or other sex |
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offense; |
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(3) the curriculum for sexual assault evidence |
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collection and preservation training programs; and |
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(4) the requirements for certification of sexual |
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assault nurse examiners. |
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(h) The office of the attorney general shall supervise the |
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administration of the council. The attorney general shall provide |
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the necessary staff and facilities to assist the council in |
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performing the council's duties. |
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(i) A member of the council may not receive compensation for |
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serving on the council but is entitled to reimbursement for travel |
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expenses incurred by the member while conducting the business of |
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the council as provided by the General Appropriations Act. |
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(j) Not later than December 1 of each even-numbered year, |
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the council shall submit a report regarding the council's |
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activities, findings, and recommendations, including any proposed |
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legislation or rules, to the governor, the lieutenant governor, and |
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the legislature. |
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SECTION 4. Sections 420.031(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The attorney general, with the advice of the Texas |
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Sexual Assault Evidentiary Council, shall adopt rules regarding |
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[develop and distribute to law enforcement agencies and proper
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medical personnel] an evidence collection protocol that shall |
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include collection procedures and the requirements for a |
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standardized [a list of requirements for the contents of an] |
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evidence collection kit for use throughout the state in the |
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collection and preservation of evidence of a sexual assault or |
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other sex offense. Medical or law enforcement personnel collecting |
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evidence of a sexual assault or other sex offense shall use an |
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[attorney general-approved] evidence collection kit and protocol |
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consistent with the rules adopted under this section. |
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(b) An evidence collection kit must contain the items |
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required by rule and may contain additional items to collect and |
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preserve evidence of a sexual assault or other sex offense [and
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other items determined necessary for the kit by the attorney
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general]. |
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(c) In developing the evidence collection kit and protocol, |
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the attorney general shall consult with the Texas Sexual Assault |
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Evidentiary Council [individuals and organizations having
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knowledge and experience in the issues of sexual assault and other
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sex offenses]. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the attorney general shall establish the Texas Sexual |
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Assault Evidentiary Council as required by Section 420.016, |
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Government Code, as added by this Act, and shall, with the advice of |
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the Texas Sexual Assault Evidentiary Council, adopt the rules |
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necessary to implement Section 420.031, Government Code, as amended |
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by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |