| 1 | 1 | | 85R5732 LHC-D |
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| 2 | 2 | | By: Alvarado H.B. No. 1383 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing a statewide electronic tracking system for |
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| 8 | 8 | | evidence of a sex offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter B, Chapter 420, |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF |
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| 13 | 13 | | EVIDENCE OF SEX OFFENSE |
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| 14 | 14 | | SECTION 2. Subchapter B, Chapter 420, Government Code, is |
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| 15 | 15 | | amended by adding Section 420.034 to read as follows: |
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| 16 | 16 | | Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a) |
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| 17 | 17 | | The department, in consultation with a forensic science center |
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| 18 | 18 | | located in a county that has a population of 3.3 million or more, |
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| 19 | 19 | | shall develop and implement a statewide electronic tracking system |
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| 20 | 20 | | for evidence collected in relation to a sexual assault or other sex |
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| 21 | 21 | | offense. |
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| 22 | 22 | | (b) The tracking system must: |
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| 23 | 23 | | (1) track the location and status of each item of |
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| 24 | 24 | | evidence through the criminal justice process, including the |
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| 25 | 25 | | initial collection of items of evidence in a forensic medical |
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| 26 | 26 | | examination performed at a health care facility, receipt and |
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| 27 | 27 | | storage of the item of evidence at a law enforcement agency, receipt |
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| 28 | 28 | | and analysis of the item of evidence at an accredited crime |
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| 29 | 29 | | laboratory, and storage and destruction of the item of evidence |
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| 30 | 30 | | after the item is analyzed; |
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| 31 | 31 | | (2) allow a health care facility performing a forensic |
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| 32 | 32 | | medical examination of a survivor, law enforcement agency, |
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| 33 | 33 | | accredited crime laboratory, prosecutor, or other entity providing |
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| 34 | 34 | | a chain of custody for an item of evidence to update and track the |
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| 35 | 35 | | status and location of the item; and |
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| 36 | 36 | | (3) allow a survivor to anonymously track or receive |
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| 37 | 37 | | updates regarding the status and location of each item of evidence |
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| 38 | 38 | | collected in relation to the offense. |
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| 39 | 39 | | (c) The department shall require participation in the |
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| 40 | 40 | | tracking system by any entity that collects evidence of a sexual |
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| 41 | 41 | | assault or other sex offense or investigates or prosecutes a sexual |
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| 42 | 42 | | assault or other sex offense for which evidence has been collected. |
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| 43 | 43 | | (d) Records entered into the tracking system are |
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| 44 | 44 | | confidential and are not subject to disclosure under Chapter 552. |
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| 45 | 45 | | Records relating to evidence tracked under the system may be |
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| 46 | 46 | | accessed only by: |
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| 47 | 47 | | (1) the survivor from whom the evidence was collected; |
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| 48 | 48 | | or |
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| 49 | 49 | | (2) an employee of an entity described by Subsection |
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| 50 | 50 | | (c), for purposes of updating or tracking the status or location of |
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| 51 | 51 | | an item of evidence. |
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| 52 | 52 | | SECTION 3. Not later than September 1, 2019, the Department |
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| 53 | 53 | | of Public Safety of the State of Texas shall require all entities |
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| 54 | 54 | | described by Section 420.034(c), Government Code, as added by this |
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| 55 | 55 | | Act, to participate in the statewide electronic tracking system |
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| 56 | 56 | | established under that section. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2017. |
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