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.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2555 | By: Whitmire |
|
||
|
||
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; [ |
||
(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 [ |
||
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) [ |
||
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) [ |
||
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 | ||
[ |
||
the governor, lieutenant governor, speaker of the house of | ||
representatives, and members of the legislature [ |
||
identifying the number of evidence collection kits that have [ |
||
analysis or for which the [ |
||
been completed [ |
||
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 [ |
||
(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. | ||
* * * * * |