85S10378 LHC-D
By: Minjarez H.B. No. 166
A BILL TO BE ENTITLED
AN ACT
relating to the collection, storage, and analysis of sexual assault
evidence and evidence of other sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 420, Government Code, is
amended by adding Section 420.035 to read as follows:
Sec. 420.035. EVIDENCE RELEASE AND STORAGE. (a) If a
health care facility or other entity that performs a medical
examination to collect evidence of a sexual assault or other sex
offense receives signed, written consent to release the evidence as
provided by Section 420.0735, the facility or entity shall notify
either the law enforcement agency investigating the alleged sexual
assault or other sex offense, if known, or the local law enforcement
agency not later than 24 hours after receiving consent.
(b) A law enforcement agency that receives notice from a
health care facility or other entity under Subsection (a) shall
take possession of the evidence not later than the 14th day after
the date the law enforcement agency receives notice.
(c) If a law enforcement agency that takes possession of
evidence under Subsection (b) determines that the agency does not
have jurisdiction over the investigation of the alleged sexual
assault or other sex offense, the law enforcement agency shall
notify the law enforcement agency with jurisdiction over the
investigation not later than the 14th day after the date that
determination is made.
(d) A law enforcement agency that receives notice under
Subsection (c) shall take possession of the evidence not later than
the 14th day after the date the law enforcement agency receives
notice.
(e) A health care facility or other entity that performs a
medical examination to collect evidence of a sexual assault or
other sex offense that has not obtained signed, written consent as
provided by Section 420.0735 shall provide the survivor with
information relating to:
(1) the facility's or entity's evidence storage policy
for evidence of a sexual assault or other sex offense, including a
statement of the period for which the evidence will be stored before
the evidence is destroyed; and
(2) the ways in which the survivor can release the
evidence to a law enforcement agency.
(f) A health care facility or other entity that performs a
medical examination must store evidence of a sexual assault or
other sex offense that is not released to a law enforcement agency
until at least the first anniversary of the date the evidence was
collected.
(g) The failure of a health care facility or other entity or
a law enforcement agency to comply with the requirements of this
section does not constitute grounds in a criminal proceeding for:
(1) a defendant to challenge the validity of a DNA
match obtained by comparison under Section 420.043; or
(2) a court to exclude DNA evidence.
(h) A person accused or convicted of committing a sexual
assault or other sex offense against the survivor does not have
standing to object to the failure of a health care facility or other
entity or a law enforcement agency to comply with the requirements
of this section. Failure of a facility, entity, or agency to comply
with the requirements of this section does not constitute grounds
for setting aside the conviction of a person convicted of
committing a sexual assault or other sex offense against the
survivor.
SECTION 2. Section 420.042, Government Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections (f)
and (g) to read as follows:
(a) A law enforcement agency that receives sexual assault
evidence or evidence of another sex offense collected under this
chapter or other law shall assign a unique number to the evidence
and shall submit that evidence to a public accredited crime
laboratory for analysis not later than the 14th [30th] day after the
date on which that evidence was received. Evidence submitted to a
public accredited crime laboratory under this subsection must
include the unique number assigned to the evidence by the agency.
(c) If sufficient personnel and resources are available, a
public accredited crime laboratory, as soon as practicable but not
later than the 60th day after the date on which the laboratory
received the evidence, shall complete its analysis of [sexual
assault] evidence submitted under this chapter or other law.
(e) The failure of a law enforcement agency to take
possession of sexual assault evidence or evidence of another sex
offense within the period required by Section 420.035 or to submit
that [sexual assault] evidence within the period required by this
section does not affect the authority of:
(1) the agency to take possession of the evidence;
(2) the agency to submit the evidence to an accredited
crime laboratory for analysis; [or]
(3) [(2)] an accredited crime laboratory to analyze
the evidence or provide the results of that analysis to appropriate
persons; or
(4) the department to compare the DNA profile obtained
from the biological evidence with DNA profiles in a database under
Section 420.043.
(f) The failure of a law enforcement agency or public
accredited crime laboratory to comply with the requirements of this
section does not constitute grounds in a criminal proceeding for:
(1) the defendant to challenge the validity of a DNA
match obtained by comparison under Section 420.043; or
(2) a court to exclude DNA evidence.
(g) A person accused or convicted of committing a sexual
assault or other sex offense against the survivor does not have
standing to object to the failure of a law enforcement agency or
public accredited crime laboratory to comply with the requirements
of this section. Failure of an agency or laboratory to comply with
the requirements of this section does not constitute grounds for
setting aside the conviction of a person convicted of committing a
sexual assault or other sex offense against the survivor.
SECTION 3. Section 420.043, Government Code, is amended to
read as follows:
Sec. 420.043. DATABASE COMPARISON REQUIRED. After [On the
request of any appropriate person and after] an evidence collection
kit containing biological evidence has been analyzed by an
accredited crime laboratory and any necessary quality assurance
reviews have been performed, the department shall compare the DNA
profile obtained from the biological evidence with DNA profiles
maintained in:
(1) state databases, including the DNA database
maintained under Subchapter G, Chapter 411, if the amount and
quality of the analyzed sample meet the requirements of the state
database comparison policies; and
(2) the CODIS DNA database established by the Federal
Bureau of Investigation, if the amount and quality of the analyzed
sample meet the requirements of the bureau's CODIS comparison
policies.
SECTION 4. (a) Except as provided by Subsections (b) and
(c) of this section, the changes in law made by this Act apply only
to sexual assault evidence and evidence of other sex offenses
collected on or after the effective date of this Act. Evidence
collected before the effective date of this Act is governed by the
law in effect on the date the evidence was collected, and the former
law is continued in effect for that purpose.
(b) The change in law made by this Act to Section
420.042(a), Government Code, applies only to sexual assault
evidence and evidence of other sex offenses received by a law
enforcement agency not earlier than the 14th day before the
effective date of this Act. Evidence received by a law enforcement
agency earlier than the 14th day before the effective date of this
Act is governed by the law in effect on the date the evidence was
received, and the former law is continued in effect for that
purpose.
(c) The change in law made by this Act by amending Section
420.042(c), Government Code, applies only to sexual assault
evidence and evidence of other sex offenses received by a public
accredited crime laboratory on or after the effective date of this
Act. Evidence received by a public accredited crime laboratory
before the effective date of this Act is governed by the law in
effect on the date the evidence was received, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect December 1, 2017.