Bill Text: TX HB2555 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to the tracking and analysis of evidence of a sexual assault or other sex offense, to noncompliance with requirements imposed with respect to that evidence, and to other law enforcement procedures occurring with respect to a sexual offense.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB2555 Detail]

Download: Texas-2021-HB2555-Comm_Sub.html
 
 
  By: Neave, et al. (Senate Sponsor - Paxton) H.B. No. 2555
         (In the Senate - Received from the House April 27, 2021;
  May 10, 2021, read first time and referred to Committee on Criminal
  Justice; May 20, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 20, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2555 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the tracking and analysis of evidence of a sexual
  assault or other sex offense, to noncompliance with requirements
  imposed with respect to that evidence, and to other law enforcement
  procedures occurring with respect to a sexual offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 420.003(1-a), Government Code, is
  amended to read as follows:
               (1-a)  "Active criminal case" means a case:
                     (A)  in which:
                           (i)  a sexual assault or other sex offense
  has been reported to a law enforcement agency; [and]
                           (ii)  physical evidence of the offense has
  been submitted to the agency or an accredited crime laboratory
  under this chapter for analysis; and
                           (iii)  the agency documents that an offense
  has been committed and reported; and
                     (B)  for which:
                           (i)  the statute of limitations has not run
  with respect to the prosecution of the offense; or
                           (ii)  a DNA profile was obtained that is
  eligible under Section 420.043 for comparison with DNA profiles in
  the state database or CODIS DNA database.
         SECTION 2.  Sections 420.034(a) and (c), Government Code,
  are amended to read as follows:
         (a)  For purposes of this section, "evidence" means evidence
  collected during the investigation of a [an alleged] sexual assault
  or other sex offense, including:
               (1)  evidence from an evidence collection kit used to
  collect and preserve evidence of a sexual assault or other sex
  offense; and
               (2)  other biological evidence of a sexual assault or
  other sex offense.
         (c)  The tracking system must:
               (1)  include the evidence collection kit and any other
  items collected during the forensic medical examination in relation
  to a sexual assault or other sex offense and submitted for a
  laboratory analysis that is necessary to identify the offender or
  offenders, regardless of whether the evidence 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 3.  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 annual report must
  be titled "Statewide Electronic Tracking System Report" and must be
  posted on the department's publicly accessible Internet website.
         SECTION 4.  Section 420.035(a), Government Code, as added by
  Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular
  Session, 2019, is amended to read as follows:
         (a)  If a health care facility or other entity that performs
  a medical examination to collect evidence of a sexual assault or
  other sex offense receives signed, written consent to release the
  evidence as provided by Section 420.0735, the facility or entity
  shall:
               (1)  promptly notify any law enforcement agency
  investigating the [alleged] offense; and
               (2)  not later than two business days after the date the
  examination is performed, enter the identification number of the
  evidence collection kit into the statewide electronic tracking
  system under Section 420.034.
         SECTION 5.  Section 420.042, Government Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  A law enforcement agency that fails to submit evidence
  of a sexual assault or other sex offense to a public accredited
  crime laboratory within the period required by this section shall
  provide to the department written documentation of the failure,
  including a detailed explanation for the failure.  The agency shall
  submit the documentation required by this subsection on or before
  the 30th day after the date on which the agency discovers that the
  evidence was not submitted within the period required by this
  section.
         SECTION 6.  Section 420.046, Government Code, is amended to
  read as follows:
         Sec. 420.046.  NONCOMPLIANCE. Failure to comply with the
  requirements of Subchapter B or this subchapter may be used to
  determine eligibility for receiving grant funds from the
  department, the office of the governor, or another state agency.
         SECTION 7.  Section 420.042(b), Government Code, is
  repealed.
         SECTION 8.  The changes in law made by this Act to Section
  420.034(c), Government Code, and Section 420.035(a), Government
  Code, as added by Chapter 408 (H.B. 8), Acts of the 86th
  Legislature, Regular Session, 2019, apply only to sexual assault
  evidence and evidence of other sex offenses 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 9.  Section 420.042(g), Government Code, as added by
  this Act, applies to evidence of a sexual assault or other sex
  offense in possession of a law enforcement agency on or after the
  effective date of this Act.
         SECTION 10.  This Act takes effect September 1, 2021.
 
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