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A BILL TO BE ENTITLED
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AN ACT
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relating to the tracking and analysis of evidence of a sexual |
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assault or other sex offense, to noncompliance with requirements |
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imposed with respect to that evidence, and to other law enforcement |
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procedures occurring with respect to a sexual offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.003(1-a), Government Code, is |
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amended to read as follows: |
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(1-a) "Active criminal case" means a case: |
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(A) in which: |
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(i) a sexual assault or other sex offense |
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has been reported to a law enforcement agency; [and] |
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(ii) physical evidence of the offense has |
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been submitted to the agency or an accredited crime laboratory |
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under this chapter for analysis; and |
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(iii) the agency documents that an offense |
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has been committed and reported; and |
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(B) for which: |
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(i) the statute of limitations has not run |
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with respect to the prosecution of the offense; or |
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(ii) a DNA profile was obtained that is |
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eligible under Section 420.043 for comparison with DNA profiles in |
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the state database or CODIS DNA database. |
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SECTION 2. Sections 420.034(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) For purposes of this section, "evidence" means evidence |
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collected during the investigation of a [an alleged] sexual assault |
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or other sex 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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(c) The tracking system must: |
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(1) include the evidence collection kit and any other |
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items collected during the forensic medical examination in relation |
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to a sexual assault or other sex offense and submitted for a |
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laboratory analysis that is necessary to identify the offender or |
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offenders, regardless of whether the evidence is collected in |
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relation to an individual who is alive or deceased; |
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(2) 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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(3) [(2)] allow a facility or entity performing a |
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forensic 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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(4) [(3)] allow a survivor to anonymously track or |
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receive updates regarding the status and location of each item of |
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evidence collected in relation to the offense. |
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SECTION 3. Section 420.045, Government Code, is transferred |
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to Section 420.034, Government Code, redesignated as Subsection |
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(h), Section 420.034, Government Code, and amended to read as |
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follows: |
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(h) Not later than December 1 of each year, the department |
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[Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL ASSAULT OR |
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OTHER SEX OFFENSE. Each law enforcement agency and public |
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accredited crime laboratory] shall submit a [quarterly] report to |
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the governor, lieutenant governor, speaker of the house of |
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representatives, and members of the legislature [department] |
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identifying the number of evidence collection kits that have [the |
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law enforcement agency has] not yet been submitted for laboratory |
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analysis or for which the [crime] laboratory analysis has not yet |
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been completed [an analysis], as applicable. The annual report must |
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be titled "Statewide Electronic Tracking System Report" and must be |
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posted on the department's publicly accessible Internet website. |
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SECTION 4. Section 420.035(a), Government Code, as added by |
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Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular |
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Session, 2019, is amended to read as follows: |
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(a) If a health care facility or other entity that performs |
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a medical examination to collect evidence of a sexual assault or |
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other sex offense receives signed, written consent to release the |
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evidence as provided by Section 420.0735, the facility or entity |
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shall: |
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(1) promptly notify any law enforcement agency |
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investigating the [alleged] offense; and |
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(2) not later than two business days after the date the |
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examination is performed, enter the identification number of the |
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evidence collection kit into the statewide electronic tracking |
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system under Section 420.034. |
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SECTION 5. Section 420.042, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A law enforcement agency that fails to submit evidence |
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of a sexual assault or other sex offense to a public accredited |
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crime laboratory within the period required by this section shall |
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provide to the department written documentation of the failure, |
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including a detailed explanation for the failure. The agency shall |
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submit the documentation required by this subsection on or before |
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the 30th day after the date on which the agency discovers that the |
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evidence was not submitted within the period required by this |
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section. |
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SECTION 6. Section 420.046, Government Code, is amended to |
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read as follows: |
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Sec. 420.046. NONCOMPLIANCE. Failure to comply with the |
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requirements of Subchapter B or this subchapter may be used to |
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determine eligibility for receiving grant funds from the |
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department, the office of the governor, or another state agency. |
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SECTION 7. Section 420.042(b), Government Code, is |
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repealed. |
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SECTION 8. The changes in law made by this Act to Section |
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420.034(c), Government Code, and Section 420.035(a), Government |
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Code, as added by Chapter 408 (H.B. 8), Acts of the 86th |
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Legislature, Regular Session, 2019, apply only to sexual assault |
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evidence and evidence of other sex offenses collected on or after |
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the effective date of this Act. Evidence collected before the |
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effective date of this Act is governed by the law in effect on the |
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date the evidence was collected, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. Section 420.042(g), Government Code, as added by |
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this Act, applies to evidence of a sexual assault or other sex |
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offense in possession of a law enforcement agency on or after the |
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effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2021. |
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