Relating to the preservation of evidence collected from a forensic medical examination for certain sexual assaults.
Impact
The implementation of HB3119 is poised to create significant changes in how evidence in sexual assault cases is handled across Texas. By extending the required preservation period, the bill seeks to enhance the rights of victims and improve the integrity of investigations. Law enforcement agencies and hospitals will be required to adhere to these new protocols, thereby ensuring a more uniform approach to evidence preservation. This change is crucial in a legal context where the timely collection and preservation of evidence can dramatically affect the outcomes of sexual assault prosecutions.
Summary
House Bill 3119 focuses on the preservation of evidence collected from forensic medical examinations in cases of sexual assault. The bill mandates that evidence must be preserved for a period extending to 20 years from the collection date. In situations where the victim was under 17 years old at the time of the assault, the evidence must be preserved until they reach the age of 40. This extended preservation period aims to ensure that all potential evidence remains available for legal proceedings, which can sometimes take years to come to fruition due to various factors, including trauma recovery for victims and delays in justice systems.
Contention
While advocates of the bill emphasize the importance of justice for victims, potential points of contention could arise from the practical implications of implementing such extended preservation periods. Concerns may include the resources required by law enforcement and healthcare providers to maintain evidence for longer time frames. Additionally, some legislators may argue about the impacts on existing protocols and storage capabilities, leading to discussions around funding, staff training, and logistical challenges in maintaining evidence integrity over extended durations.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 56a. Rights Of Crime Victims
Section: New Section
Health And Safety Code
Chapter 323. Emergency Services And Forensic Examination Programs For Survivors Of Sexual Assault
Section: 0052
Government Code
Chapter 420. Sexual Assault Prevention And Crisis Services
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the compilation and reporting of statistics involving sexual assault victims who receive a forensic medical examination before reporting the assault to law enforcement.
Relating to required training and continuing education requirements for persons who provide medical care or other support to survivors of sexual assault.
Relating to the composition, continuation, and duties of the Sexual Assault Survivors' Task Force, compensation for task force members and certain other task force participants, and establishment of a mandatory training program for persons responding to reports of and treating survivors of child sexual abuse and adult sexual assault.
Relating to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of sexual assault or aggravated sexual assault or an attempt or conspiracy to commit sexual assault or aggravated sexual assault.
Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.