H.B. No. 3594
AN ACT
relating to the preservation of evidence that contains biological
material.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.43, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f)(1) This subsection applies only to evidence described
by Subsection (b) that was used to prosecute and convict a defendant
of an offense under Chapter 19, 21, or 22, Penal Code, if on
conviction of the offense the defendant was sentenced to a term of
imprisonment of 10 years or more.
(2) In a county with a population less than 100,000,
the attorney representing the state, clerk, or other officer in
possession of any evidence to which this subsection applies shall
ensure the preservation of the evidence by promptly delivering the
evidence to the Department of Public Safety for storage in
accordance with Section 411.052, Government Code, and department
rules.
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.052 to read as follows:
Sec. 411.052. PRESERVATION OF EVIDENCE CONTAINING
BIOLOGICAL MATERIAL. (a) The department:
(1) shall maintain a storage space for the
preservation of evidence containing biological material that is
delivered to the department under Article 38.43(f), Code of
Criminal Procedure; and
(2) may maintain a storage space for the preservation
of evidence of a sexual assault or other sex offense.
(b) The department shall adopt rules relating to the
delivery, cataloging, and preservation of evidence stored under
this section.
SECTION 3. (a) The Department of Public Safety of the State
of Texas shall adopt rules as required by Section 411.052(b),
Government Code, as added by this Act, not later than November 1,
2009.
(b) The Department of Public Safety of the State of Texas
must begin accepting evidence delivered to the department in
accordance with Article 38.43, Code of Criminal Procedure, as
amended by this Act, and Section 411.052, Government Code, as added
by this Act, on January 1, 2010.
SECTION 4. The change in law made by this Act applies to the
storage of evidence in the possession of the state during a criminal
proceeding that commences on or after January 1, 2010. The storage
of evidence in the possession of the state during a criminal
proceeding that commences before January 1, 2010, is covered by the
law in effect when the proceeding commenced, and the former law is
continued in effect for that purpose.
SECTION 5. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3594 was passed by the House on May
14, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3594 on May 29, 2009, by the following vote: Yeas 143, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3594 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor