| 1 | 1 | | H.B. No. 3594 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the preservation of evidence that contains biological |
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| 6 | 6 | | material. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 38.43, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Subsection (f) to read as follows: |
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| 10 | 10 | | (f)(1) This subsection applies only to evidence described |
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| 11 | 11 | | by Subsection (b) that was used to prosecute and convict a defendant |
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| 12 | 12 | | of an offense under Chapter 19, 21, or 22, Penal Code, if on |
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| 13 | 13 | | conviction of the offense the defendant was sentenced to a term of |
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| 14 | 14 | | imprisonment of 10 years or more. |
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| 15 | 15 | | (2) In a county with a population less than 100,000, |
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| 16 | 16 | | the attorney representing the state, clerk, or other officer in |
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| 17 | 17 | | possession of any evidence to which this subsection applies shall |
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| 18 | 18 | | ensure the preservation of the evidence by promptly delivering the |
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| 19 | 19 | | evidence to the Department of Public Safety for storage in |
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| 20 | 20 | | accordance with Section 411.052, Government Code, and department |
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| 21 | 21 | | rules. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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| 23 | 23 | | amended by adding Section 411.052 to read as follows: |
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| 24 | 24 | | Sec. 411.052. PRESERVATION OF EVIDENCE CONTAINING |
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| 25 | 25 | | BIOLOGICAL MATERIAL. (a) The department: |
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| 26 | 26 | | (1) shall maintain a storage space for the |
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| 27 | 27 | | preservation of evidence containing biological material that is |
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| 28 | 28 | | delivered to the department under Article 38.43(f), Code of |
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| 29 | 29 | | Criminal Procedure; and |
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| 30 | 30 | | (2) may maintain a storage space for the preservation |
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| 31 | 31 | | of evidence of a sexual assault or other sex offense. |
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| 32 | 32 | | (b) The department shall adopt rules relating to the |
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| 33 | 33 | | delivery, cataloging, and preservation of evidence stored under |
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| 34 | 34 | | this section. |
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| 35 | 35 | | SECTION 3. (a) The Department of Public Safety of the State |
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| 36 | 36 | | of Texas shall adopt rules as required by Section 411.052(b), |
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| 37 | 37 | | Government Code, as added by this Act, not later than November 1, |
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| 38 | 38 | | 2009. |
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| 39 | 39 | | (b) The Department of Public Safety of the State of Texas |
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| 40 | 40 | | must begin accepting evidence delivered to the department in |
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| 41 | 41 | | accordance with Article 38.43, Code of Criminal Procedure, as |
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| 42 | 42 | | amended by this Act, and Section 411.052, Government Code, as added |
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| 43 | 43 | | by this Act, on January 1, 2010. |
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| 44 | 44 | | SECTION 4. The change in law made by this Act applies to the |
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| 45 | 45 | | storage of evidence in the possession of the state during a criminal |
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| 46 | 46 | | proceeding that commences on or after January 1, 2010. The storage |
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| 47 | 47 | | of evidence in the possession of the state during a criminal |
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| 48 | 48 | | proceeding that commences before January 1, 2010, is covered by the |
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| 49 | 49 | | law in effect when the proceeding commenced, and the former law is |
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| 50 | 50 | | continued in effect for that purpose. |
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| 51 | 51 | | SECTION 5. This Act does not make an appropriation. A |
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| 52 | 52 | | provision in this Act that creates a new governmental program, |
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| 53 | 53 | | creates a new entitlement, or imposes a new duty on a governmental |
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| 54 | 54 | | entity is not mandatory during a fiscal period for which the |
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| 55 | 55 | | legislature has not made a specific appropriation to implement the |
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| 56 | 56 | | provision. |
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| 57 | 57 | | SECTION 6. This Act takes effect September 1, 2009. |
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| 58 | 58 | | ______________________________ ______________________________ |
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| 59 | 59 | | President of the Senate Speaker of the House |
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| 60 | 60 | | I certify that H.B. No. 3594 was passed by the House on May |
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| 61 | 61 | | 14, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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| 62 | 62 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 63 | 63 | | No. 3594 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
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| 64 | 64 | | 2 present, not voting. |
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| 65 | 65 | | ______________________________ |
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| 66 | 66 | | Chief Clerk of the House |
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| 67 | 67 | | I certify that H.B. No. 3594 was passed by the Senate, with |
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| 68 | 68 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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| 69 | 69 | | 0. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Secretary of the Senate |
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| 72 | 72 | | APPROVED: __________________ |
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| 73 | 73 | | Date |
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| 74 | 74 | | __________________ |
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| 75 | 75 | | Governor |
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