Bill Text: TX SB1616 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the collection, storage, preservation, analysis, retrieval, and destruction of biological evidence.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB1616 Detail]
Download: Texas-2011-SB1616-Enrolled.html
S.B. No. 1616 |
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relating to the collection, storage, preservation, analysis, | ||
retrieval, and destruction of biological evidence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 38.43, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.43. [ |
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BIOLOGICAL MATERIAL. (a) In this article, "biological evidence" | ||
means: | ||
(1) the contents of a sexual assault examination kit; | ||
or | ||
(2) any item that contains blood, semen, hair, saliva, | ||
skin tissue, fingernail scrapings, bone, bodily fluids, or any | ||
other identifiable biological material that was collected as part | ||
of an investigation of an alleged felony offense or conduct | ||
constituting a felony offense that might reasonably be used to [ |
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(A) establish the identity of the person | ||
committing the offense or engaging in the conduct constituting the | ||
offense; or | ||
(B) exclude a person from the group of persons | ||
who could have committed the offense or engaged in the conduct | ||
constituting the offense. | ||
(b) This article applies to a governmental or public entity | ||
or an individual, including a law enforcement agency, prosecutor's | ||
office, court, public hospital, or crime laboratory, that is | ||
charged with the collection, storage, preservation, analysis, or | ||
retrieval of biological evidence. | ||
(c) An entity or individual described by Subsection (b) | ||
shall ensure that biological evidence collected pursuant to an | ||
investigation or prosecution of a felony offense or conduct | ||
constituting a felony offense is retained and [ |
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(1) for not less than 40 years, or until the applicable | ||
statute of limitations has expired, if there is an unapprehended | ||
actor associated with the offense; or | ||
(2) in a case in which a defendant has been convicted, | ||
placed on deferred adjudication community supervision, or | ||
adjudicated as having engaged in delinquent conduct and there are | ||
no additional unapprehended actors associated with the offense: | ||
(A) until the inmate is executed, dies, or is | ||
released on parole, if the defendant is [ |
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felony; [ |
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(B) [ |
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the defendant's sentence, or is released on parole or mandatory | ||
supervision, if the defendant is sentenced to a term of confinement | ||
or imprisonment in the Texas Department of Criminal Justice; | ||
(C) until the defendant completes the | ||
defendant's term of community supervision, including deferred | ||
adjudication community supervision, if the defendant is placed on | ||
community supervision; | ||
(D) until the defendant dies, completes the | ||
defendant's sentence, or is released on parole, mandatory | ||
supervision, or juvenile probation, if the defendant is committed | ||
to the Texas Youth Commission; or | ||
(E) until the defendant completes the | ||
defendant's term of juvenile probation, including a term of | ||
community supervision upon transfer of supervision to a criminal | ||
court, if the defendant is placed on juvenile probation. | ||
(d) The attorney representing the state, clerk, or other | ||
officer in possession of biological evidence described by | ||
Subsection (a) [ |
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attorney, clerk, or officer by mail notifies the defendant, the | ||
last attorney of record for the defendant, and the convicting court | ||
of the decision to destroy the evidence and a written objection is | ||
not received by the attorney, clerk, or officer from the defendant, | ||
attorney of record, or court before the 91st day after the later of | ||
the following dates: | ||
(1) the date on which the attorney representing the | ||
state, clerk, or other officer receives proof that the defendant | ||
received notice of the planned destruction of evidence; or | ||
(2) the date on which notice of the planned | ||
destruction of evidence is mailed to the last attorney of record for | ||
the defendant. | ||
(e) To the extent of any conflict, this article controls | ||
over Article 2.21. | ||
(f) The Department of Public Safety shall adopt standards | ||
and rules authorizing [ |
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promptly delivering the evidence to the Department of Public Safety | ||
for storage in accordance with Section 411.052, Government Code, | ||
and department rules. | ||
(g) The Department of Public Safety shall adopt standards | ||
and rules, consistent with best practices, relating to a person | ||
described by Subsection (b), that specify the manner of collection, | ||
storage, preservation, and retrieval of biological evidence. | ||
(h) A person described by Subsection (b) may solicit and | ||
accept gifts, grants, donations, and contributions to support the | ||
collection, storage, preservation, retrieval, and destruction of | ||
biological evidence. | ||
SECTION 2. (a) The Department of Public Safety of the | ||
State of Texas, in adopting the initial standards and rules | ||
required by Article 38.43, Code of Criminal Procedure, as amended | ||
by this Act, shall consult with: | ||
(1) large, medium, and small law enforcement agencies; | ||
(2) law enforcement associations; | ||
(3) scientific experts in the collection, | ||
preservation, storage, and retrieval of biological evidence; and | ||
(4) organizations engaged in the development of law | ||
enforcement policy, such as: | ||
(A) the National Institute of Standards and | ||
Technology of the United States Commerce Department; | ||
(B) the Texas District and County Attorneys | ||
Association; | ||
(C) the Texas Criminal Defense Lawyers | ||
Association; | ||
(D) the Texas Association of Property and | ||
Evidence Inventory Technicians; and | ||
(E) other organizations in this state that | ||
represent clients pursuing claims of innocence based on | ||
post-conviction biological evidence. | ||
(b) The Department of Public Safety of the State of Texas | ||
shall adopt the standards and rules required by Article 38.43, Code | ||
of Criminal Procedure, as amended by this Act, not later than | ||
September 1, 2012. | ||
(c) The change in law made by Article 38.43, Code of | ||
Criminal Procedure, as amended by this Act, applies to biological | ||
evidence in the possession of an entity or individual described by | ||
Subsection (b), Article 38.43, Code of Criminal Procedure, as | ||
amended by this Act, on the effective date of this Act, regardless | ||
of whether the evidence was collected before, on, or after the | ||
effective date of this Act. | ||
(d) Notwithstanding Subsection (c) of this section, an | ||
entity or individual described by Subsection (b), Article 38.43, | ||
Code of Criminal Procedure, as amended by this Act, is not required | ||
to comply with the standards and rules adopted under Subsection | ||
(g), Article 38.43, Code of Criminal Procedure, as added by this | ||
Act, before January 1, 2013. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1616 passed the Senate on | ||
May 9, 2011, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1616 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |