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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session, 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 2462 (the reporting of a sexual assault, to evidence |
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of a sexual assault or other sex offense, and to other law |
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enforcement procedures occurring with respect to a sexual |
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assault or other sex offense) to consider and take action on the |
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following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following new |
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SECTIONS to the bill: |
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SECTION 11. 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 |
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offense has been committed and reported; and |
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(B) for which: |
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(i) the statute of limitations has not |
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run 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 |
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in the state database or CODIS DNA database. |
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SECTION 12. Sections 420.034(a) and (c), Government |
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Code, are amended to read as follows: |
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(a) For purposes of this section, "evidence" means |
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evidence collected during the investigation of a [an alleged] |
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sexual assault 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 |
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other items collected during the forensic medical examination in |
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relation to a sexual assault or other sex offense and submitted |
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for a laboratory analysis that is necessary to identify the |
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offender or offenders, regardless of whether the evidence is |
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collected in 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 |
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at an accredited crime laboratory, and storage and destruction of |
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the 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 |
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agency, accredited crime laboratory, prosecutor, or other entity |
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providing a chain of custody for an item of evidence to update and |
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track the 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 13. Section 420.045, Government Code, is |
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transferred to Section 420.034, Government Code, redesignated as |
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Subsection (h), Section 420.034, Government Code, and amended to |
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read as follows: |
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(h) Not later than December 1 of each year, the |
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department [Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF |
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SEXUAL ASSAULT OR OTHER SEX OFFENSE. Each law enforcement agency |
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and public accredited crime laboratory] shall submit a |
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[quarterly] report to the governor, lieutenant governor, speaker |
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of the house of representatives, and members of the legislature |
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[department] identifying the number of evidence collection kits |
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that have [the law enforcement agency has] not yet been submitted |
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for laboratory analysis or for which the [crime] laboratory |
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analysis has not yet been completed [an analysis], as applicable. |
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The annual report must be titled "Statewide Electronic Tracking |
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System Report" and must be posted on the department's publicly |
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accessible Internet website. |
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SECTION 14. Section 420.035(a), Government Code, as |
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added by Chapter 408 (H.B. 8), Acts of the 86th Legislature, |
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Regular Session, 2019, is amended to read as follows: |
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(a) If a health care facility or other entity that |
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performs a medical examination to collect evidence of a sexual |
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assault or other sex offense receives signed, written consent to |
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release the evidence as provided by Section 420.0735, the |
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facility or entity 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 |
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the examination is performed, enter the identification number of |
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the evidence collection kit into the statewide electronic |
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tracking system under Section 420.034. |
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SECTION 15. Section 420.042, Government Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) A law enforcement agency that fails to submit |
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evidence of a sexual assault or other sex offense to a public |
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accredited crime laboratory within the period required by this |
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section shall provide to the department written documentation of |
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the failure, including a detailed explanation for the failure. |
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The agency shall submit the documentation required by this |
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subsection on or before the 30th day after the date on which the |
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agency discovers that the evidence was not submitted within the |
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period required by this section. |
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SECTION 16. Section 420.046, Government Code, is amended |
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to 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 17. Section 420.042(b), Government Code, is |
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repealed. |
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SECTION 20. The changes in law made by this Act to |
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Section 420.034(c), Government Code, and Section 420.035(a), |
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Government Code, as added by Chapter 408 (H.B. 8), Acts of the |
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86th Legislature, Regular Session, 2019, apply only to sexual |
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assault evidence and evidence of other sex offenses collected on |
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or after the effective date of this Act. Evidence collected |
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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 collected, and the former law |
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is continued in effect for that purpose. |
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SECTION 21. Section 420.042(g), Government Code, as |
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added by this Act, applies to evidence of a sexual assault or |
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other sex offense in possession of a law enforcement agency on or |
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after the effective date of this Act. |
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Explanation: The addition is necessary to improve the |
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tracking and analysis of evidence of a sexual assault or other |
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sex offense and to ensure compliance with certain requirements |
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imposed with respect to a sex offense or evidence of a sex |
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offense. |
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(2) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on a |
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matter not in disagreement in proposed SECTION 19 of the bill, a |
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transition provision for the bill, to read as follows: |
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SECTION 19. The changes in law made by this Act to |
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Chapters 56A and 56B, Code of Criminal Procedure, apply only to a |
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sexual assault reported on or after the effective date of this |
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Act. A sexual assault reported before the effective date of this |
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Act is governed by the law in effect on the date the sexual |
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assault was reported, and the former law is continued in effect |
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for that purpose. |
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Explanation: The change in the provision is necessary to |
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specify a transition for amended Articles 56A.052, 56A.251, |
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56A.252, 56A.302, 56A.303, 56A.304, 56A.307, and 56B.453, Code |
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of Criminal Procedure, and added Articles 56A.2505 and 56A.2506, |
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Code of Criminal Procedure, in the bill. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 30, 2021, by |
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the following vote: Yeas 31, |
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Nays 0. |
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_______________________________ |
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Secretary of the Senate |