| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to evidence included in the statewide electronic tracking |
|
|
system for evidence of a sexual assault or other sex offense and to |
|
|
a report on the status of evidence in that system. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 420.034(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) The tracking system must: |
|
|
(1) include all evidence collected in relation to a |
|
|
sexual assault or other sex offense, regardless of whether evidence |
|
|
of the offense is collected in relation to an individual who is |
|
|
alive or deceased; |
|
|
(2) track the location and status of each item of |
|
|
evidence through the criminal justice process, including the |
|
|
initial collection of the item of evidence in a forensic medical |
|
|
examination, receipt and storage of the item of evidence at a law |
|
|
enforcement agency, receipt and analysis of the item of evidence at |
|
|
an accredited crime laboratory, and storage and destruction of the |
|
|
item of evidence after the item is analyzed; |
|
|
(3) [(2)] allow a facility or entity performing a |
|
|
forensic medical examination of a survivor, law enforcement agency, |
|
|
accredited crime laboratory, prosecutor, or other entity providing |
|
|
a chain of custody for an item of evidence to update and track the |
|
|
status and location of the item; and |
|
|
(4) [(3)] allow a survivor to anonymously track or |
|
|
receive updates regarding the status and location of each item of |
|
|
evidence collected in relation to the offense. |
|
|
SECTION 2. Section 420.045, Government Code, is transferred |
|
|
to Section 420.034, Government Code, redesignated as Subsection |
|
|
(h), Section 420.034, Government Code, and amended to read as |
|
|
follows: |
|
|
(h) Not later than December 1 of each year, the department |
|
|
[Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR |
|
|
OTHER SEX OFFENSE. Each law enforcement agency and public |
|
|
accredited crime laboratory] shall submit a [quarterly] report to |
|
|
the governor, lieutenant governor, speaker of the house of |
|
|
representatives, and members of the legislature [department] |
|
|
identifying the number of evidence collection kits that have [the |
|
|
law enforcement agency has] not yet been submitted for laboratory |
|
|
analysis or for which the [crime] laboratory analysis has not yet |
|
|
been completed [an analysis], as applicable. The report must be |
|
|
titled "Statewide Electronic Tracking System Report". |
|
|
SECTION 3. The change in law made by this Act to Section |
|
|
420.034(c), Government Code, applies only to evidence of a sexual |
|
|
assault or other sex offense collected on or after the effective |
|
|
date of this Act. Evidence collected before the effective date of |
|
|
this Act is governed by the law in effect on the date the evidence |
|
|
was collected, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |