85R5732 LHC-D
By: Alvarado H.B. No. 1383
A BILL TO BE ENTITLED
AN ACT
relating to establishing a statewide electronic tracking system for
evidence of a sex offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 420,
Government Code, is amended to read as follows:
SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF
EVIDENCE OF SEX OFFENSE
SECTION 2. Subchapter B, Chapter 420, Government Code, is
amended by adding Section 420.034 to read as follows:
Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a)
The department, in consultation with a forensic science center
located in a county that has a population of 3.3 million or more,
shall develop and implement a statewide electronic tracking system
for evidence collected in relation to a sexual assault or other sex
offense.
(b) 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 items of evidence in a forensic medical
examination performed at a health care facility, 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 health care facility 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.
(c) The department shall require participation in the
tracking system by any entity that collects evidence of a sexual
assault or other sex offense or investigates or prosecutes a sexual
assault or other sex offense for which evidence has been collected.
(d) Records entered into the tracking system are
confidential and are not subject to disclosure under Chapter 552.
Records relating to evidence tracked under the system may be
accessed only by:
(1) the survivor from whom the evidence was collected;
or
(2) an employee of an entity described by Subsection
(c), for purposes of updating or tracking the status or location of
an item of evidence.
SECTION 3. Not later than September 1, 2019, the Department
of Public Safety of the State of Texas shall require all entities
described by Section 420.034(c), Government Code, as added by this
Act, to participate in the statewide electronic tracking system
established under that section.
SECTION 4. This Act takes effect September 1, 2017.