By: Howard, et al. (Senate Sponsor - Huffman) H.B. No. 281
(In the Senate - Received from the House April 18, 2017;
April 24, 2017, read first time and referred to Committee on
Criminal Justice; May 19, 2017, reported favorably by the
following vote: Yeas 8, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
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)
For purposes of this section, "evidence" means evidence collected
during the investigation of an alleged sexual assault or other sex
offense, including:
(1) evidence from an evidence collection kit used to
collect and preserve evidence of a sexual assault or other sex
offense; and
(2) other biological evidence of a sexual assault or
other sex offense.
(b) The department shall develop and implement a statewide
electronic tracking system for evidence collected in relation to a
sexual assault or other sex offense.
(c) 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 the item of evidence in a forensic medical
examination, 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 facility or entity 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.
(d) The department shall require participation in the
tracking system by any facility or 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.
(e) 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 a facility or entity described by
Subsection (d), for purposes of updating or tracking the status or
location of an item of evidence.
(f) An employee of the department or a facility or entity
described by Subsection (d) may not disclose to a parent or legal
guardian of a survivor information that would aid the parent or
legal guardian in accessing records relating to evidence tracked
under the system if the employee knows or has reason to believe that
the parent or legal guardian is a suspect or a suspected accomplice
in the commission of the offense with respect to which evidence was
collected.
(g) To assist in establishing and maintaining the statewide
electronic tracking system under this section, the department may
accept gifts, grants, or donations from any person or entity.
SECTION 3. (a) Not later than September 1, 2019, the
Department of Public Safety of the State of Texas shall require all
facilities and entities described by Section 420.034(d),
Government Code, as added by this Act, to participate in the
statewide electronic tracking system established under that
section.
(b) Section 420.034, Government Code, as added by this Act,
applies only to evidence collected on or after the date on which a
facility or entity is first required under Subsection (a) of this
section to participate in the statewide electronic tracking system.
Evidence collected before that date is not required to be tracked
under the tracking system.
SECTION 4. This Act takes effect September 1, 2017.
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