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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation of evidence collected from a forensic |
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medical examination for certain sexual assaults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56A.306(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) Subject to Subsection (c), an entity receiving evidence |
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collected during a forensic medical examination as described by |
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this subchapter shall preserve the evidence until the earlier of: |
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(1) the 20th [fifth] anniversary of the date on which |
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the evidence was collected or, if the victim was younger than 17 |
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years of age at the time of the alleged sexual assault, when the |
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victim reaches the age of 40; or |
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(2) the date on which written consent to release the |
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evidence is obtained as provided by Section 420.0735, Government |
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Code. |
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SECTION 2. Section 323.0052(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission shall develop a standard information |
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form that, as described by Subsection (b), is to be provided to |
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sexual assault survivors who have not given signed, written consent |
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to a health care facility to release the evidence as provided by |
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Section 420.0735, Government Code. The form must include the |
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following information: |
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(1) the Department of Public Safety's policy regarding |
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storage of evidence of a sexual assault or other sex offense that is |
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collected under Subchapter G, Chapter 56A, Code of Criminal |
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Procedure, including: |
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(A) a statement that the evidence will be stored |
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until the 20th [fifth] anniversary of the date on which the evidence |
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was collected or, if the survivor was younger than 17 years of age |
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at the time of the alleged sexual assault or other sex offense, |
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until the survivor reaches the age of 40 before the evidence becomes |
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eligible for destruction; and |
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(B) the department's procedures regarding the |
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notification of the survivor through the statewide electronic |
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tracking system before a planned destruction of the evidence; |
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(2) a statement that the survivor may request the |
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release of the evidence to a law enforcement agency and report a |
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sexual assault or other sex offense to the agency at any time; |
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(3) the name, phone number, and e-mail address of the |
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law enforcement agency with jurisdiction over the offense; and |
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(4) the name and phone number of a local sexual assault |
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crisis center. |
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SECTION 3. Article 56A.306(b), Code of Criminal Procedure, |
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as amended by this Act, applies only to sexual assault evidence |
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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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SECTION 4. Not later than December 1, 2025, the Health and |
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Human Services Commission shall revise the information form |
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developed under Section 323.0052(a), Health and Safety Code, as |
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necessary to conform to the changes in law made by this Act to that |
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section. |
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SECTION 5. This Act takes effect September 1, 2025. |