Texas 2017 - 85th Regular

Texas House Bill HB281 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Howard, et al. (Senate Sponsor - Huffman) H.B. No. 281
2		-	(In the Senate - Received from the House April 18, 2017;
3		-	April 24, 2017, read first time and referred to Committee on
4		-	Criminal Justice; May 19, 2017, reported favorably by the
5		-	following vote: Yeas 8, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 281
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to establishing a statewide electronic tracking system for
12	6		evidence of a sex offense.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Subchapter B, Chapter 420,
15	9		Government Code, is amended to read as follows:
16	10		SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF
17	11		EVIDENCE OF SEX OFFENSE
18	12		SECTION 2. Subchapter B, Chapter 420, Government Code, is
19	13		amended by adding Section 420.034 to read as follows:
20	14		Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a)
21	15		For purposes of this section, "evidence" means evidence collected
22	16		during the investigation of an alleged sexual assault or other sex
23	17		offense, including:
24	18		(1) evidence from an evidence collection kit used to
25	19		collect and preserve evidence of a sexual assault or other sex
26	20		offense; and
27	21		(2) other biological evidence of a sexual assault or
28	22		other sex offense.
29	23		(b) The department shall develop and implement a statewide
30	24		electronic tracking system for evidence collected in relation to a
31	25		sexual assault or other sex offense.
32	26		(c) The tracking system must:
33	27		(1) track the location and status of each item of
34	28		evidence through the criminal justice process, including the
35	29		initial collection of the item of evidence in a forensic medical
36	30		examination, receipt and storage of the item of evidence at a law
37	31		enforcement agency, receipt and analysis of the item of evidence at
38	32		an accredited crime laboratory, and storage and destruction of the
39	33		item of evidence after the item is analyzed;
40	34		(2) allow a facility or entity performing a forensic
41	35		medical examination of a survivor, law enforcement agency,
42	36		accredited crime laboratory, prosecutor, or other entity providing
43	37		a chain of custody for an item of evidence to update and track the
44	38		status and location of the item; and
45	39		(3) allow a survivor to anonymously track or receive
46	40		updates regarding the status and location of each item of evidence
47	41		collected in relation to the offense.
48	42		(d) The department shall require participation in the
49	43		tracking system by any facility or entity that collects evidence of
50	44		a sexual assault or other sex offense or investigates or prosecutes
51	45		a sexual assault or other sex offense for which evidence has been
52	46		collected.
53	47		(e) Records entered into the tracking system are
54	48		confidential and are not subject to disclosure under Chapter 552.
55	49		Records relating to evidence tracked under the system may be
56	50		accessed only by:
57	51		(1) the survivor from whom the evidence was collected;
58	52		or
59	53		(2) an employee of a facility or entity described by
60	54		Subsection (d), for purposes of updating or tracking the status or
61	55		location of an item of evidence.
62	56		(f) An employee of the department or a facility or entity
63	57		described by Subsection (d) may not disclose to a parent or legal
64	58		guardian of a survivor information that would aid the parent or
65	59		legal guardian in accessing records relating to evidence tracked
66	60		under the system if the employee knows or has reason to believe that
67	61		the parent or legal guardian is a suspect or a suspected accomplice
68	62		in the commission of the offense with respect to which evidence was
69	63		collected.
70	64		(g) To assist in establishing and maintaining the statewide
71	65		electronic tracking system under this section, the department may
72	66		accept gifts, grants, or donations from any person or entity.
73	67		SECTION 3. (a) Not later than September 1, 2019, the
74	68		Department of Public Safety of the State of Texas shall require all
75	69		facilities and entities described by Section 420.034(d),
76	70		Government Code, as added by this Act, to participate in the
77	71		statewide electronic tracking system established under that
78	72		section.
79	73		(b) Section 420.034, Government Code, as added by this Act,
80	74		applies only to evidence collected on or after the date on which a
81	75		facility or entity is first required under Subsection (a) of this
82	76		section to participate in the statewide electronic tracking system.
83	77		Evidence collected before that date is not required to be tracked
84	78		under the tracking system.
85	79		SECTION 4. This Act takes effect September 1, 2017.
86		-	* * * * *
	80	+	______________________________ ______________________________
	81	+	President of the Senate Speaker of the House
	82	+	I certify that H.B. No. 281 was passed by the House on April
	83	+	12, 2017, by the following vote: Yeas 146, Nays 0, 1 present, not
	84	+	voting.
	85	+	______________________________
	86	+	Chief Clerk of the House
	87	+	I certify that H.B. No. 281 was passed by the Senate on May
	88	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	89	+	______________________________
	90	+	Secretary of the Senate
	91	+	APPROVED: _____________________
	92	+	Date
	93	+	_____________________
	94	+	Governor