85R1743 LHC-D
By: Howard H.B. No. 281
A BILL TO BE ENTITLED
AN ACT
relating to establishing a statewide electronic tracking system for
evidence collection kits used to collect and preserve 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 shall develop and implement a statewide electronic
tracking system for evidence collection kits used to collect and
preserve evidence of a sexual assault or other sex offense.
(b) The tracking system must:
(1) track the location and status of each evidence
collection kit through the criminal justice process, including the
initial collection of evidence for the kit in a forensic medical
examination performed at a health care facility, receipt and
storage of the kit at a law enforcement agency, receipt and analysis
of the kit at an accredited crime laboratory, and storage and
destruction of the kit after the applicable evidence 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 evidence collection kit to update and
track the status and location of the kit; and
(3) allow a survivor to anonymously track or receive
updates regarding the status and location of the survivor's
evidence collection kit.
(c) The department shall require participation in the
tracking system by any entity that collects evidence for an
evidence collection kit or investigates or prosecutes a sex offense
for which an evidence collection kit has been completed.
(d) Records entered into the tracking system are
confidential and are not subject to disclosure under Chapter 552.
Records relating to an evidence collection kit may be accessed only
by:
(1) the survivor for whom the evidence collection kit
was completed; or
(2) an employee of an entity described by Subsection
(c), for purposes of updating or tracking the status or location of
the evidence collection kit.
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.