LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION May 6, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1171 by Minjarez (relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Government Code to require public accredited crime laboratories to complete analysis of sexual assault evidence as soon as practicable but not later than the 60th day after the date on which the evidence was received by the laboratory. The provisions of the bill would only apply to sexual assault evidence received on or after the effective date of the bill. The bill would amend the Government Code to require a health care facility to notify a lawenforcement agency of an alleged sexual assault within 24 hours, provided written consent isgiven. If written consent is not provided, the health care facility must provide the survivor withcertain information. A health care facility would be required to store evidence of a sexual assaultthat is not released to a law enforcement agency for one year before the evidence is destroyed.The bill would require a law enforcement agency that receives such notification to take possessionof the evidence not later than the 14th day after the law enforcement agency was notified, and ifthe law enforcement agency does not have jurisdiction, require the law enforcement agency tonotify the correct law enforcement agency of the evidence not later than 14 days after thedetermination that the original law enforcement agency not have jurisdiction. the bill wouldrequire a law enforcement agency receiving notice from the original law enforcement agency totake possession of the evidence not later than the 14th day after the law enforcement agency wasnotified. The bill would require a law enforcement agency or a publicly accredited crimelaboratory to assign a unique number to each piece of evidence.The bill would specify that the failure of a law enforcement agency or public accredited crimelaboratory to comply with the bill's requirements does not constitute grounds for a court toexclude the DNA evidence, nor does such failure authorize the defendant to challenge the validityof the DNA evidence, object to the evidence, or petition a court to set aside a sexual assaultconviction.This analysis assumes the costs and duties to implement the provisions of the bill could be absorbed within existing resources.The bill would take effect September 1, 2017. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety LBB Staff: UP, KJo, AI, JAW, AG, ZB, FR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
May 6, 2017
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1171 by Minjarez (relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.), Committee Report 1st House, Substituted
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1171 by Minjarez (relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.), Committee Report 1st House, Substituted
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1171 by Minjarez (relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.), Committee Report 1st House, Substituted
HB1171 by Minjarez (relating to the collection, storage, and analysis of sexual assault evidence and evidence of other sex offenses.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code to require public accredited crime laboratories to complete analysis of sexual assault evidence as soon as practicable but not later than the 60th day after the date on which the evidence was received by the laboratory. The provisions of the bill would only apply to sexual assault evidence received on or after the effective date of the bill. The bill would amend the Government Code to require a health care facility to notify a lawenforcement agency of an alleged sexual assault within 24 hours, provided written consent isgiven. If written consent is not provided, the health care facility must provide the survivor withcertain information. A health care facility would be required to store evidence of a sexual assaultthat is not released to a law enforcement agency for one year before the evidence is destroyed.The bill would require a law enforcement agency that receives such notification to take possessionof the evidence not later than the 14th day after the law enforcement agency was notified, and ifthe law enforcement agency does not have jurisdiction, require the law enforcement agency tonotify the correct law enforcement agency of the evidence not later than 14 days after thedetermination that the original law enforcement agency not have jurisdiction. the bill wouldrequire a law enforcement agency receiving notice from the original law enforcement agency totake possession of the evidence not later than the 14th day after the law enforcement agency wasnotified. The bill would require a law enforcement agency or a publicly accredited crimelaboratory to assign a unique number to each piece of evidence.The bill would specify that the failure of a law enforcement agency or public accredited crimelaboratory to comply with the bill's requirements does not constitute grounds for a court toexclude the DNA evidence, nor does such failure authorize the defendant to challenge the validityof the DNA evidence, object to the evidence, or petition a court to set aside a sexual assaultconviction.This analysis assumes the costs and duties to implement the provisions of the bill could be absorbed within existing resources.The bill would take effect September 1, 2017.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 405 Department of Public Safety
405 Department of Public Safety
LBB Staff: UP, KJo, AI, JAW, AG, ZB, FR
UP, KJo, AI, JAW, AG, ZB, FR