Bill Text: TX SB588 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to Criminal Justice [SB588 Detail]
Download: Texas-2019-SB588-Introduced.html
86R7227 MEW-D | ||
By: Watson | S.B. No. 588 |
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relating to the collection, storage, and analysis of sexual assault | ||
evidence and evidence of other sex offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 420.003(1-a), (1-d), (7), and (8), | ||
Government Code, are 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 | ||
[ |
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laboratory under this chapter for analysis; and | ||
(B) for which: | ||
(i) the statute of limitations has not run | ||
with respect to the prosecution of the offense [ |
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(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. | ||
(1-d) "Law enforcement agency" means a state or local | ||
law enforcement agency in this state with jurisdiction over the | ||
investigation of a sexual assault or other sex offense. | ||
(7) "Sexual assault program" means any local public or | ||
private nonprofit corporation, independent of a law enforcement | ||
agency or prosecutor's office, that is operated as an independent | ||
program or as part of a municipal, county, or state agency and that | ||
provides the minimum services to adult survivors of stranger and | ||
non-stranger sex offenses [ |
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(8) "Survivor" means an individual who is a victim of a | ||
sexual assault or other sex offense, regardless of whether a report | ||
or conviction is made in the incident. | ||
SECTION 2. Section 420.033, Government Code, is amended to | ||
read as follows: | ||
Sec. 420.033. CHAIN OF CUSTODY. Medical, law enforcement, | ||
department, and laboratory personnel who handle [ |
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evidence of a sexual assault or other sex offense under this chapter | ||
or other law shall maintain the chain of custody of the evidence | ||
from the time the evidence is collected until the time the evidence | ||
is destroyed. | ||
SECTION 3. Section 420.034(c), Government Code, is amended | ||
to read as follows: | ||
(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, assignment of a unique number to the item of evidence, | ||
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. | ||
SECTION 4. Subchapter B, Chapter 420, Government Code, is | ||
amended by adding Section 420.035 to read as follows: | ||
Sec. 420.035. EVIDENCE RELEASE AND STORAGE. (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 notify | ||
either the law enforcement agency investigating the alleged | ||
offense, if known, or the local law enforcement agency not later | ||
than 24 hours after receiving consent. | ||
(b) A law enforcement agency that receives notice from a | ||
health care facility or other entity under Subsection (a) shall | ||
take possession of the evidence not later than the 14th day after | ||
the date the law enforcement agency receives notice. | ||
(c) If a law enforcement agency that takes possession of | ||
evidence under Subsection (b) determines that the agency does not | ||
have jurisdiction over the investigation of the alleged sexual | ||
assault or other sex offense, the law enforcement agency shall | ||
notify the law enforcement agency with jurisdiction over the | ||
investigation not later than the 14th day after the date that | ||
determination is made. | ||
(d) A law enforcement agency that receives notice from | ||
another law enforcement agency under Subsection (c) shall take | ||
possession of the evidence not later than the 14th day after the | ||
date the law enforcement agency receives notice. | ||
(e) A health care facility or other entity that performs a | ||
medical examination to collect evidence of a sexual assault or | ||
other sex offense that has not obtained signed, written consent as | ||
provided by Section 420.0735 shall provide the survivor with | ||
information relating to: | ||
(1) the facility's or entity's policy regarding | ||
storage of evidence of a sexual assault or other sex offense, | ||
including a statement of the period for which the evidence will be | ||
stored before the evidence is destroyed; and | ||
(2) the ways in which the survivor can request the | ||
release of the evidence to a law enforcement agency. | ||
(f) A health care facility or other entity that performs a | ||
medical examination to collect evidence as described by this | ||
section must store until at least the first anniversary of the date | ||
of collection any evidence that is not released to a law enforcement | ||
agency. | ||
(g) The failure of a health care facility or other entity or | ||
a law enforcement agency to comply with the requirements of this | ||
section does not constitute grounds in a criminal proceeding for: | ||
(1) a defendant to challenge the validity of a DNA | ||
match obtained by comparison under Section 420.043; or | ||
(2) a court to exclude evidence based on a DNA profile. | ||
(h) A person accused or convicted of committing a sexual | ||
assault or other sex offense against the survivor does not have | ||
standing to object to the failure of a health care facility or other | ||
entity or a law enforcement agency to comply with the requirements | ||
of this section. Failure of a facility, entity, or agency to comply | ||
with the requirements of this section does not constitute grounds | ||
for setting aside the conviction of a person convicted of | ||
committing a sexual assault or other sex offense against the | ||
survivor. | ||
SECTION 5. Subchapter B-1, Chapter 420, Government Code, is | ||
amended to read as follows: | ||
SUBCHAPTER B-1. ANALYSIS OF [ |
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ASSAULT OR OTHER SEX OFFENSE | ||
Sec. 420.041. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to physical evidence of a sexual assault or other sex | ||
offense that is collected with respect to an active criminal case. | ||
Sec. 420.042. ANALYSIS OF [ |
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law enforcement agency that receives [ |
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sexual assault or other sex offense that is collected under this | ||
chapter or other law shall submit that evidence to a public | ||
accredited crime laboratory for analysis not later than the 14th | ||
[ |
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(b) A person who submits [ |
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sexual assault or other sex offense to a public accredited crime | ||
laboratory under this chapter or other law shall provide the | ||
following signed, written certification with each submission: | ||
"This evidence is being submitted by (name of person making | ||
submission) in connection with a criminal investigation." | ||
(c) If sufficient personnel and resources are available, a | ||
public accredited crime laboratory, as soon as practicable, shall | ||
complete its analysis of any [ |
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assault or other sex offense that is submitted under this chapter or | ||
other law. | ||
(d) To ensure the expeditious completion of analyses, the | ||
department and other applicable public accredited crime | ||
laboratories may contract with private accredited crime | ||
laboratories as appropriate to perform those analyses, subject to | ||
the necessary quality assurance reviews by the public accredited | ||
crime laboratories. | ||
(e) The failure of a law enforcement agency to take | ||
possession of evidence of a sexual assault or other sex offense | ||
within the period required by Section 420.035 or to submit that | ||
[ |
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section does not affect the authority of: | ||
(1) the agency to take possession of the evidence; | ||
(2) the agency to submit the evidence to an accredited | ||
crime laboratory for analysis; [ |
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(3) [ |
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the evidence or provide the results of that analysis to appropriate | ||
persons; or | ||
(4) the department or a public accredited crime | ||
laboratory authorized under Section 420.043(b) to compare the DNA | ||
profile obtained from the biological evidence with DNA profiles in | ||
the databases described by Section 420.043(a). | ||
(f) The failure of a law enforcement agency or public | ||
accredited crime laboratory to comply with the requirements of this | ||
section does not constitute grounds in a criminal proceeding for: | ||
(1) a defendant to challenge the validity of a DNA | ||
match obtained by comparison under Section 420.043; or | ||
(2) a court to exclude DNA evidence. | ||
(g) A person accused or convicted of committing a sexual | ||
assault or other sex offense against the survivor does not have | ||
standing to object to the failure of a law enforcement agency or | ||
public accredited crime laboratory to comply with the requirements | ||
of this section. Failure of an agency or laboratory to comply with | ||
the requirements of this section does not constitute grounds for | ||
setting aside the conviction of a person convicted of committing a | ||
sexual assault or other sex offense against the survivor. | ||
Sec. 420.043. DATABASE COMPARISON REQUIRED. (a) Not later | ||
than the 30th day after the date [ |
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evidence has been analyzed by an accredited crime laboratory and | ||
any necessary quality assurance reviews have been performed, except | ||
as provided by Subsection (b), the department shall compare the DNA | ||
profile obtained from the biological evidence with DNA profiles | ||
maintained in: | ||
(1) state databases, including the DNA database | ||
maintained under Subchapter G, Chapter 411, if the amount and | ||
quality of the analyzed sample meet the requirements of the state | ||
database comparison policies; and | ||
(2) the CODIS DNA database established by the Federal | ||
Bureau of Investigation, if the amount and quality of the analyzed | ||
sample meet the requirements of the bureau's CODIS comparison | ||
policies. | ||
(b) If the evidence kit containing biological evidence is | ||
analyzed by a public accredited crime laboratory, the laboratory, | ||
instead of the department, may perform the comparison of DNA | ||
profiles required under Subsection (a) provided that: | ||
(1) the laboratory performs the comparison not later | ||
than the 30th day after the date the analysis is complete and any | ||
necessary quality assurance reviews have been performed; | ||
(2) the law enforcement agency that submitted the | ||
evidence collection kit containing biological evidence gives | ||
permission; and | ||
(3) the laboratory meets applicable federal and state | ||
requirements to access the databases described by Subsection (a). | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, the changes in law made by this Act 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. | ||
(b) The change in law made by this Act to Section | ||
420.042(a), Government Code, applies only to sexual assault | ||
evidence and evidence of other sex offenses received by a law | ||
enforcement agency not earlier than the 14th day before the | ||
effective date of this Act. Evidence received by a law enforcement | ||
agency earlier than the 14th day before the effective date of this | ||
Act is governed by the law in effect on the date the evidence was | ||
received, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2019. |