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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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87R16167 AJZ-D
By: Neave, Button, Collier, H.B. No. 2555
González of El Paso, Meyer, et al.
Substitute the following for H.B. No. 2555:
By: White C.S.H.B. No. 2555

A BILL TO BE ENTITLED
AN ACT
relating to evidence to be included and tracked in the statewide
electronic tracking system maintained for evidence of a sexual
assault or other sex offense and to noncompliance with requirements
imposed with respect to that evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 420.034(c), Government Code, is amended
to read as follows:
(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, 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 2. 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 report must be
titled "Statewide Electronic Tracking System Report".
SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. This Act takes effect September 1, 2021.