Bill Text: TX HB281 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to establishing a statewide electronic tracking system for evidence of a sex offense.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB281 Detail]
Download: Texas-2017-HB281-Enrolled.html
H.B. No. 281 |
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relating to establishing a statewide electronic tracking system for | ||
evidence of a sex offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter B, Chapter 420, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. COLLECTION, [ |
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EVIDENCE OF SEX OFFENSE | ||
SECTION 2. Subchapter B, Chapter 420, Government Code, is | ||
amended by adding Section 420.034 to read as follows: | ||
Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a) | ||
For purposes of this section, "evidence" means evidence collected | ||
during the investigation of 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. | ||
(b) The department shall develop and implement a statewide | ||
electronic tracking system for evidence collected in relation to a | ||
sexual assault or other sex offense. | ||
(c) The tracking system must: | ||
(1) 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; | ||
(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 | ||
(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. | ||
(d) The department shall require participation in the | ||
tracking system by any facility or entity that collects evidence of | ||
a sexual assault or other sex offense or investigates or prosecutes | ||
a sexual assault or other sex offense for which evidence has been | ||
collected. | ||
(e) Records entered into the tracking system are | ||
confidential and are not subject to disclosure under Chapter 552. | ||
Records relating to evidence tracked under the system may be | ||
accessed only by: | ||
(1) the survivor from whom the evidence was collected; | ||
or | ||
(2) an employee of a facility or entity described by | ||
Subsection (d), for purposes of updating or tracking the status or | ||
location of an item of evidence. | ||
(f) An employee of the department or a facility or entity | ||
described by Subsection (d) may not disclose to a parent or legal | ||
guardian of a survivor information that would aid the parent or | ||
legal guardian in accessing records relating to evidence tracked | ||
under the system if the employee knows or has reason to believe that | ||
the parent or legal guardian is a suspect or a suspected accomplice | ||
in the commission of the offense with respect to which evidence was | ||
collected. | ||
(g) To assist in establishing and maintaining the statewide | ||
electronic tracking system under this section, the department may | ||
accept gifts, grants, or donations from any person or entity. | ||
SECTION 3. (a) Not later than September 1, 2019, the | ||
Department of Public Safety of the State of Texas shall require all | ||
facilities and entities described by Section 420.034(d), | ||
Government Code, as added by this Act, to participate in the | ||
statewide electronic tracking system established under that | ||
section. | ||
(b) Section 420.034, Government Code, as added by this Act, | ||
applies only to evidence collected on or after the date on which a | ||
facility or entity is first required under Subsection (a) of this | ||
section to participate in the statewide electronic tracking system. | ||
Evidence collected before that date is not required to be tracked | ||
under the tracking system. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 281 was passed by the House on April | ||
12, 2017, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 281 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |