Texas 2019 - 86th Regular

Texas House Bill HB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 8
	1	+	By: Neave, et al. (Senate Sponsor - Nelson, Alvarado) H.B. No. 8
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 25, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 9, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 8 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the criminal statute of limitations for certain sex
6	14		offenses and the collection, analysis, and preservation of evidence
7	15		of sexual assault and other sex offenses.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. This Act shall be known as the Lavinia Masters
10	18		Act.
11	19		SECTION 2. Article 12.01, Code of Criminal Procedure, is
12	20		amended to read as follows:
13	21		Art. 12.01. FELONIES. Except as provided in Article 12.03,
14	22		felony indictments may be presented within these limits, and not
15	23		afterward:
16	24		(1) no limitation:
17	25		(A) murder and manslaughter;
18	26		(B) sexual assault under Section 22.011(a)(2),
19	27		Penal Code, or aggravated sexual assault under Section
20	28		22.021(a)(1)(B), Penal Code;
21	29		(C) sexual assault, if:
22	30		(i) during the investigation of the offense
23	31		biological matter is collected and the matter:
24	32		(a) has not yet been subjected to
25	33		forensic DNA testing; or
26	34		(b) has been subjected to forensic DNA
27	35		testing and the testing results show that the matter does not match
28	36		the victim or any other person whose identity is readily
29	37		ascertained; or
30	38		(ii) probable cause exists to believe that
31	39		the defendant has committed the same or a similar sex [sexual]
32	40		offense against five or more victims;
33	41		(D) continuous sexual abuse of young child or
34	42		children under Section 21.02, Penal Code;
35	43		(E) indecency with a child under Section 21.11,
36	44		Penal Code;
37	45		(F) an offense involving leaving the scene of an
38	46		accident under Section 550.021, Transportation Code, if the
39	47		accident resulted in the death of a person;
40	48		(G) trafficking of persons under Section
41	49		20A.02(a)(7) or (8), Penal Code;
42	50		(H) continuous trafficking of persons under
43	51		Section 20A.03, Penal Code; or
44	52		(I) compelling prostitution under Section
45	53		43.05(a)(2), Penal Code;
46	54		(2) ten years from the date of the commission of the
47	55		offense:
48	56		(A) theft of any estate, real, personal or mixed,
49	57		by an executor, administrator, guardian or trustee, with intent to
50	58		defraud any creditor, heir, legatee, ward, distributee,
51	59		beneficiary or settlor of a trust interested in such estate;
52	60		(B) theft by a public servant of government
53	61		property over which he exercises control in his official capacity;
54	62		(C) forgery or the uttering, using or passing of
55	63		forged instruments;
56	64		(D) injury to an elderly or disabled individual
57	65		punishable as a felony of the first degree under Section 22.04,
58	66		Penal Code;
59	67		(E) sexual assault, except as provided by
60	68		Subdivision (1);
61	69		(F) arson;
62	70		(G) trafficking of persons under Section
63	71		20A.02(a)(1), (2), (3), or (4), Penal Code; or
64	72		(H) compelling prostitution under Section
65	73		43.05(a)(1), Penal Code;
66	74		(3) seven years from the date of the commission of the
67	75		offense:
68	76		(A) misapplication of fiduciary property or
69	77		property of a financial institution;
70	78		(B) securing execution of document by deception;
71	79		(C) a felony violation under Chapter 162, Tax
72	80		Code;
73	81		(D) false statement to obtain property or credit
74	82		under Section 32.32, Penal Code;
75	83		(E) money laundering;
76	84		(F) credit card or debit card abuse under Section
77	85		32.31, Penal Code;
78	86		(G) fraudulent use or possession of identifying
79	87		information under Section 32.51, Penal Code;
80	88		(H) exploitation of a child, elderly individual,
81	89		or disabled individual under Section 32.53, Penal Code;
82	90		(I) Medicaid fraud under Section 35A.02, Penal
83	91		Code; or
84	92		(J) bigamy under Section 25.01, Penal Code,
85	93		except as provided by Subdivision (6);
86	94		(4) five years from the date of the commission of the
87	95		offense:
88	96		(A) theft or robbery;
89	97		(B) except as provided by Subdivision (5),
90	98		kidnapping or burglary;
91	99		(C) injury to an elderly or disabled individual
92	100		that is not punishable as a felony of the first degree under Section
93	101		22.04, Penal Code;
94	102		(D) abandoning or endangering a child; or
95	103		(E) insurance fraud;
96	104		(5) if the investigation of the offense shows that the
97	105		victim is younger than 17 years of age at the time the offense is
98	106		committed, 20 years from the 18th birthday of the victim of one of
99	107		the following offenses:
100	108		(A) sexual performance by a child under Section
101	109		43.25, Penal Code;
102	110		(B) aggravated kidnapping under Section
103	111		20.04(a)(4), Penal Code, if the defendant committed the offense
104	112		with the intent to violate or abuse the victim sexually; or
105	113		(C) burglary under Section 30.02, Penal Code, if
106	114		the offense is punishable under Subsection (d) of that section and
107	115		the defendant committed the offense with the intent to commit an
108	116		offense described by Subdivision (1)(B) or (D) of this article or
109	117		Paragraph (B) of this subdivision;
110	118		(6) ten years from the 18th birthday of the victim of
111	119		the offense:
112	120		(A) trafficking of persons under Section
113	121		20A.02(a)(5) or (6), Penal Code;
114	122		(B) injury to a child under Section 22.04, Penal
115	123		Code; or
116	124		(C) bigamy under Section 25.01, Penal Code, if
117	125		the investigation of the offense shows that the person, other than
118	126		the legal spouse of the defendant, whom the defendant marries or
119	127		purports to marry or with whom the defendant lives under the
120	128		appearance of being married is younger than 18 years of age at the
121	129		time the offense is committed; or
122	130		(7) three years from the date of the commission of the
123	131		offense: all other felonies.
124	132		SECTION 3. Article 38.43, Code of Criminal Procedure, is
125	133		amended by amending Subsection (c) and adding Subsection (c-1) to
126	134		read as follows:
127	135		(c) An entity or individual described by Subsection (b)
128	136		shall ensure that biological evidence, other than the contents of a
129	137		sexual assault examination kit subject to Subsection (c-1),
130	138		collected pursuant to an investigation or prosecution of a felony
131	139		offense or conduct constituting a felony offense is retained and
132	140		preserved:
133	141		(1) for not less than 40 years, or until any [the]
134	142		applicable statute of limitations has expired, if there is an
135	143		unapprehended actor associated with the offense; or
136	144		(2) in a case in which a defendant has been convicted,
137	145		placed on deferred adjudication community supervision, or
138	146		adjudicated as having engaged in delinquent conduct and there are
139	147		no additional unapprehended actors associated with the offense:
140	148		(A) until the inmate is executed, dies, or is
141	149		released on parole, if the defendant is convicted of a capital
142	150		felony;
143	151		(B) until the defendant dies, completes the
144	152		defendant's sentence, or is released on parole or mandatory
145	153		supervision, if the defendant is sentenced to a term of confinement
146	154		or imprisonment in the Texas Department of Criminal Justice;
147	155		(C) until the defendant completes the
148	156		defendant's term of community supervision, including deferred
149	157		adjudication community supervision, if the defendant is placed on
150	158		community supervision;
151	159		(D) until the defendant dies, completes the
152	160		defendant's sentence, or is released on parole, mandatory
153	161		supervision, or juvenile probation, if the defendant is committed
154	162		to the Texas Juvenile Justice Department; or
155	163		(E) until the defendant completes the
156	164		defendant's term of juvenile probation, including a term of
157	165		community supervision upon transfer of supervision to a criminal
158	166		court, if the defendant is placed on juvenile probation.
159	167		(c-1) An entity or individual described by Subsection (b)
160	168		shall ensure that the contents of a sexual assault examination kit
161	169		collected pursuant to an investigation or prosecution of a felony
162	170		offense or conduct constituting a felony offense is retained and
163	171		preserved for not less than 40 years, or until any applicable
164	172		statute of limitations has expired, whichever period is longer.
165	173		This subsection applies regardless of whether a person has been
166	174		apprehended for or charged with committing the offense.
167	175		SECTION 4. Article 56.065, Code of Criminal Procedure, is
168	176		amended by amending Subsection (g) and adding Subsections (g-1),
169	177		(g-2), and (g-3) to read as follows:
170	178		(g) The department, consistent with Chapter 420, Government
171	179		Code, shall develop procedures for:
172	180		(1) the transfer [and preservation] of evidence
173	181		collected under this article to a crime laboratory or other
174	182		suitable location designated by the public safety director of the
175	183		department;
176	184		(2) the preservation of the evidence by the receiving
177	185		entity; and
178	186		(3) the notification of the victim of the offense
179	187		before a planned destruction of evidence under this article.
180	188		(g-1) Subject to Subsection (g-2), an [The receiving]
181	189		entity receiving evidence described by Subsection (g) shall
182	190		preserve the evidence until the earlier of:
183	191		(1) the fifth [second] anniversary of the date on
184	192		which [the] evidence was collected; or
185	193		(2) the date on which written consent to release the
186	194		evidence is obtained as provided by Section 420.0735, Government
187	195		Code.
188	196		(g-2) An entity receiving evidence described by Subsection
189	197		(g) may destroy the evidence on the expiration of the entity's duty
190	198		to preserve the evidence under Subsection (g-1)(1) only if:
191	199		(1) the entity provides written notification to the
192	200		victim of the offense, in a trauma-informed manner, of the decision
193	201		to destroy the evidence that includes:
194	202		(A) detailed instructions on how the victim may
195	203		make a written objection to the decision, including contact
196	204		information for the entity; or
197	205		(B) a standard form for the victim to complete
198	206		and return to the entity to make a written objection to the
199	207		decision; and
200	208		(2) a written objection is not received by the entity
201	209		from the victim before the 91st day after the date on which the
202	210		entity notifies the victim of the planned destruction of the
203	211		evidence.
204	212		(g-3) The entity shall document the entity's attempt to
205	213		notify the victim under Subsection (g-2).
206	214		SECTION 5. Section 420.003, Government Code, is amended by
207	215		amending Subdivisions (1-a), (1-d), and (8) and adding Subdivision
208	216		(3) to read as follows:
209	217		(1-a) "Active criminal case" means a case:
210	218		(A) in which:
211	219		(i) a sexual assault or other sex offense
212	220		has been reported to a law enforcement agency; and
213	221		(ii) physical evidence of the offense
214	222		[assault] has been submitted to the agency or an accredited crime
215	223		laboratory under this chapter for analysis; and
216	224		(B) for which:
217	225		(i) the statute of limitations has not run
218	226		with respect to the prosecution of the offense [sexual assault]; or
219	227		(ii) a DNA profile was obtained that is
220	228		eligible under Section 420.043 for comparison with DNA profiles in
221	229		the state database or CODIS DNA database.
222	230		(1-d) "Law enforcement agency" means a state or local
223	231		law enforcement agency in this state with jurisdiction over the
224	232		investigation of a sexual assault or other sex offense.
225	233		(3) "Sex offense" means an offense under Chapter 21,
226	234		Penal Code, for which biological evidence is collected in an
227	235		evidence collection kit.
228	236		(8) "Survivor" means an individual who is a victim of a
229	237		sexual assault or other sex offense, regardless of whether a report
230	238		or conviction is made in the incident.
231	239		SECTION 6. Section 420.033, Government Code, is amended to
232	240		read as follows:
233	241		Sec. 420.033. CHAIN OF CUSTODY. Medical, law enforcement,
234	242		department, and laboratory personnel who handle [sexual assault]
235	243		evidence of a sexual assault or other sex offense under this chapter
236	244		or other law shall maintain the chain of custody of the evidence
237	245		from the time the evidence is collected until the time the evidence
238	246		is destroyed.
239	247		SECTION 7. Subchapter B, Chapter 420, Government Code, is
240	248		amended by adding Section 420.035 to read as follows:
241	249		Sec. 420.035. EVIDENCE RELEASE. (a) If a health care
242	250		facility or other entity that performs a medical examination to
243	251		collect evidence of a sexual assault or other sex offense receives
244	252		signed, written consent to release the evidence as provided by
245	253		Section 420.0735, the facility or entity shall promptly notify any
246	254		law enforcement agency investigating the alleged offense.
247	255		(b) Except as provided by Subsection (c), a law enforcement
248	256		agency that receives notice from a health care facility or other
249	257		entity under Subsection (a) shall take possession of the evidence
250	258		not later than the seventh day after the date the law enforcement
251	259		agency receives notice.
252	260		(c) A law enforcement agency that receives notice from a
253	261		health care facility or other entity that is located more than 100
254	262		miles from the law enforcement agency shall take possession of the
255	263		evidence not later than the 14th day after the date the law
256	264		enforcement agency receives notice.
257	265		(d) Failure to comply with evidence collection procedures
258	266		or requirements under this section does not affect the
259	267		admissibility of the evidence in a trial of the offense.
260	268		SECTION 8. Subchapter B-1, Chapter 420, Government Code, is
261	269		amended to read as follows:
262	270		SUBCHAPTER B-1. ANALYSIS OF [SEXUAL ASSAULT] EVIDENCE OF SEXUAL
263	271		ASSAULT OR OTHER SEX OFFENSE
264	272		Sec. 420.041. APPLICABILITY OF SUBCHAPTER. This subchapter
265	273		applies only to physical evidence of a sexual assault or other sex
266	274		offense that is collected with respect to an active criminal case.
267	275		Sec. 420.042. ANALYSIS OF [SEXUAL ASSAULT] EVIDENCE. (a) A
268	276		law enforcement agency that receives [sexual assault] evidence of a
269	277		sexual assault or other sex offense that is collected under this
270	278		chapter or other law shall submit that evidence to a public
271	279		accredited crime laboratory for analysis not later than the 30th
272	280		day after the date on which that evidence was received.
273	281		(b) A person who submits [sexual assault] evidence of a
274	282		sexual assault or other sex offense to a public accredited crime
275	283		laboratory under this chapter or other law shall provide the
276	284		following signed, written certification with each submission:
277	285		"This evidence is being submitted by (name of person making
278	286		submission) in connection with a criminal investigation."
279	287		(c) If sufficient personnel and resources are available, a
280	288		public accredited crime laboratory, as soon as practicable but not
281	289		later than the 90th day after the date on which the laboratory
282	290		received the evidence, shall complete its analysis of [sexual
283	291		assault] evidence of a sexual assault or other sex offense that is
284	292		submitted under this chapter or other law.
285		-	(c-1) With respect to a criminal case in which evidence of a
286		-	sexual assault or other sex offense is collected and the number of
287		-	offenders is uncertain or unknown, a public accredited crime
288		-	laboratory shall analyze any evidence of the sexual assault or
289		-	other sex offense submitted to the laboratory under this chapter or
290		-	other law that is necessary to identify the offender or offenders.
291	293		(d) To ensure the expeditious completion of analyses, the
292	294		department and other applicable public accredited crime
293	295		laboratories may contract with private accredited crime
294	296		laboratories as appropriate to perform those analyses, subject to
295	297		the necessary quality assurance reviews by the public accredited
296	298		crime laboratories.
297	299		(e) The failure of a law enforcement agency to take
298	300		possession of evidence of a sexual assault or other sex offense
299	301		within the period required by Section 420.035 or to submit that
300	302		[sexual assault] evidence within the period required by this
301	303		section does not affect the authority of:
302	304		(1) the agency to take possession of the evidence;
303	305		(2) the agency to submit the evidence to an accredited
304	306		crime laboratory for analysis; [or]
305	307		(3) [(2)] an accredited crime laboratory to analyze
306	308		the evidence or provide the results of that analysis to appropriate
307	309		persons; or
308	310		(4) the department or a public accredited crime
309	311		laboratory authorized under Section 420.043(b) to compare the DNA
310	312		profile obtained from the biological evidence with DNA profiles in
311	313		the databases described by Section 420.043(a).
312	314		(f) Failure to comply with the requirements under this
313	315		section does not affect the admissibility of the evidence in a trial
314	316		of the offense.
315	317		Sec. 420.043. DATABASE COMPARISON REQUIRED. (a) Not later
316	318		than the 30th day after the date [On the request of any appropriate
317	319		person and after] an evidence collection kit containing biological
318	320		evidence has been analyzed by an accredited crime laboratory and
319	321		any necessary quality assurance reviews have been performed, except
320	322		as provided by Subsection (b), the department shall compare the DNA
321	323		profile obtained from the biological evidence with DNA profiles
322	324		maintained in:
323	325		(1) state databases, including the DNA database
324	326		maintained under Subchapter G, Chapter 411, if the amount and
325	327		quality of the analyzed sample meet the requirements of the state
326	328		database comparison policies; and
327	329		(2) the CODIS DNA database established by the Federal
328	330		Bureau of Investigation, if the amount and quality of the analyzed
329	331		sample meet the requirements of the bureau's CODIS comparison
330	332		policies.
331	333		(b) If the evidence kit containing biological evidence is
332	334		analyzed by a public accredited crime laboratory, the laboratory,
333	335		instead of the department, may perform the comparison of DNA
334	336		profiles required under Subsection (a) provided that:
335	337		(1) the laboratory performs the comparison not later
336	338		than the 30th day after the date the analysis is complete and any
337	339		necessary quality assurance reviews have been performed;
338	340		(2) the law enforcement agency that submitted the
339	341		evidence collection kit containing biological evidence gives
340	342		permission; and
341	343		(3) the laboratory meets applicable federal and state
342	344		requirements to access the databases described by Subsection (a).
343	345		(c) The department may use appropriated funds to employ
344	346		personnel and purchase equipment and technology necessary to comply
345	347		with the requirements of this section.
346	348		Sec. 420.044. GRANT FUNDS. The department shall apply for
347	349		any available federal grant funds applicable to the analysis of
348	350		evidence collection kits containing biological evidence, including
349	351		grant money available under the National Institute of Justice's DNA
350	352		Capacity Enhancement and Backlog Reduction Program.
351	353		Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF SEXUAL
352	354		ASSAULT OR OTHER SEX OFFENSE. Each law enforcement agency and
353	355		public accredited crime laboratory shall submit a quarterly report
354	356		to the department identifying the number of evidence collection
355	357		kits that the law enforcement agency has not yet submitted for
356	358		laboratory analysis or for which the crime laboratory has not yet
357	359		completed an analysis, as applicable.
358	360		Sec. 420.046. NONCOMPLIANCE. Failure to comply with the
359	361		requirements of this subchapter may be used to determine
360	362		eligibility for receiving grant funds from the department, the
361	363		office of the governor, or another state agency.
362	364		Sec. 420.047. AUDIT OF UNANALYZED EVIDENCE OF SEXUAL
363	365		ASSAULT OR OTHER SEX OFFENSE. (a) A law enforcement agency in
364	366		possession of an evidence collection kit that has not been
365	367		submitted for laboratory analysis shall:
366	368		(1) not later than December 15, 2019, submit to the
367	369		department a list of the agency's active criminal cases for which an
368	370		evidence collection kit collected on or before September 1, 2019,
369	371		has not yet been submitted for laboratory analysis;
370	372		(2) not later than January 15, 2020, and subject to the
371	373		availability of laboratory storage space, submit to the department
372	374		or a public accredited crime laboratory, as appropriate, all
373	375		evidence collection kits pertaining to those active criminal cases
374	376		that have not yet been submitted for laboratory analysis; and
375	377		(3) if the law enforcement agency submits an evidence
376	378		collection kit under Subdivision (2) to a laboratory other than a
377	379		department laboratory, notify the department of:
378	380		(A) the laboratory to which the evidence
379	381		collection kit was sent; and
380	382		(B) any analysis completed by the laboratory to
381	383		which the evidence collection kit was sent and the date on which the
382	384		analysis was completed.
383	385		(b) Not later than September 1, 2020, the department shall
384	386		submit to the governor and the appropriate standing committees of
385	387		the senate and the house of representatives a report containing:
386	388		(1) a projected timeline for the completion of
387	389		laboratory analyses, in accordance with this chapter, of all
388	390		unanalyzed evidence collection kits submitted under Subsection
389	391		(a)(2);
390	392		(2) a request for any necessary funding to accomplish
391	393		the analyses under Subdivision (1), including a request for a grant
392	394		of money under Article 102.056(e), Code of Criminal Procedure, if
393	395		money is available under that subsection;
394	396		(3) as appropriate, application materials for
395	397		requests made as required by Subdivision (2); and
396	398		(4) if the department determines that outsourcing
397	399		certain evidence collection kits is necessary for timely analyses
398	400		of the kits:
399	401		(A) a proposal for determining which evidence
400	402		collection kits should be outsourced; and
401	403		(B) a list of laboratories the department
402	404		determines are capable of completing the outsourced analyses.
403	405		(c) Not later than September 1, 2022, and to the extent that
404	406		funding is available, the department shall, as provided by Sections
405	407		420.042 and 420.043, analyze or contract for the analysis of, and
406	408		complete the required database comparison, or ensure that a public
407	409		accredited laboratory completed the comparison, regarding all
408	410		evidence collection kits submitted to the department under
409	411		Subsection (a)(2).
410	412		(d) Notwithstanding Subsection (c), the department is not
411	413		required to use under this section in a state fiscal year any amount
412	414		of money from the state highway fund that exceeds the amount the
413	415		department has historically used in a state fiscal year to fund
414	416		laboratory analyses of evidence collection kits under this chapter.
415	417		(e) To supplement funding of laboratory analyses under this
416	418		section, the department may solicit and receive grants, gifts, or
417	419		donations of money from the federal government or private sources
418	420		as described by this chapter.
419	421		(f) This section expires September 1, 2023.
420		-	SECTION 9.
421		-	Chapter 420, Government Code, is amended by
422		-	adding Subchapter E to read as follows:
423		-	SUBCHAPTER E. STATEWIDE TELEHEALTH CENTER FOR SEXUAL ASSAULT
424		-	FORENSIC MEDICAL EXAMINATION
425		-	Sec. 420.101. DEFINITIONS. In this subchapter:
426		-	(1) "Center" means the statewide telehealth center for
427		-	sexual assault forensic medical examination.
428		-	(2) "Telehealth service" has the meaning assigned by
429		-	Section 111.001, Occupations Code.
430		-	Sec. 420.102. ESTABLISHMENT OF CENTER. The attorney
431		-	general shall establish the statewide telehealth center for sexual
432		-	assault forensic medical examination to expand access to sexual
433		-	assault nurse examiners for underserved populations.
434		-	Sec. 420.103. POWERS OF CENTER. (a) In accordance with
435		-	other law, the center may facilitate in person or through
436		-	telecommunications or information technology the provision by a
437		-	sexual assault nurse examiner of:
438		-	(1) training or technical assistance to a sexual
439		-	assault examiner on:
440		-	(A) conducting a forensic medical examination on
441		-	a survivor; and
442		-	(B) the use of telehealth services; and
443		-	(2) consultation services, guidance, or technical
444		-	assistance to a sexual assault examiner during a forensic medical
445		-	examination on a survivor.
446		-	(b) With permission from the facility or entity where a
447		-	forensic medical examination on a survivor is conducted and to the
448		-	extent authorized by other law, the center may facilitate the use of
449		-	telehealth services during a forensic medical examination on a
450		-	survivor.
451		-	(c) The center may deliver other services as requested by
452		-	the attorney general to carry out the purposes of this subchapter.
453		-	Sec. 420.104. OPERATION PROTOCOLS REQUIRED. (a) The
454		-	center and the attorney general shall develop operation protocols
455		-	to address compliance with applicable laws and rules governing:
456		-	(1) telehealth services;
457		-	(2) standards of professional conduct for licensure
458		-	and practice;
459		-	(3) standards of care;
460		-	(4) maintenance of records;
461		-	(5) technology requirements;
462		-	(6) data privacy and security of patient information;
463		-	and
464		-	(7) the operation of a telehealth center.
465		-	(b) The center shall make every effort to ensure the system
466		-	through which the center operates for the provision of telehealth
467		-	services meets national standards for interoperability to connect
468		-	to telehealth systems outside of the center.
469		-	Sec. 420.105. AUTHORIZED CONTRACTS. The attorney general
470		-	may enter into any contract the attorney general considers
471		-	necessary to implement this subchapter, including a contract to:
472		-	(1) develop, implement, maintain, or operate the
473		-	center;
474		-	(2) train or provide technical assistance for health
475		-	care professionals on conducting forensic medical examinations and
476		-	the use of telehealth services; or
477		-	(3) provide consultation, guidance, or technical
478		-	assistance for health care professionals using telehealth services
479		-	during a forensic medical examination.
480		-	Sec. 420.106. FUNDING. (a) The legislature may
481		-	appropriate money to the attorney general to establish the center.
482		-	(b) The attorney general may provide funds to the center
483		-	for:
484		-	(1) establishing and maintaining the operations of the
485		-	center;
486		-	(2) training conducted by or through the center;
487		-	(3) travel expenses incurred by a sexual assault nurse
488		-	examiner for:
489		-	(A) carrying out the nurse's duties under Section
490		-	420.103(a); or
491		-	(B) testifying as a witness outside the nurse's
492		-	county of residence;
493		-	(4) equipment and software applications for the
494		-	center; and
495		-	(5) any other purpose considered appropriate by the
496		-	attorney general.
497		-	Sec. 420.107. CONSULTATION REQUIRED. In implementing this
498		-	subchapter, the attorney general shall consult with persons with
499		-	expertise in medicine and forensic medical examinations, a
500		-	statewide sexual assault coalition, a statewide organization with
501		-	expertise in the operation of children's advocacy programs, and
502		-	attorneys with expertise in prosecuting sexual assault offenses.
503		-	Sec. 420.108. RULES. The attorney general may adopt rules
504		-	as necessary to implement this subchapter.
505		-	SECTION 10. Section 323.005, Health and Safety Code, is
	422	+	SECTION 9. Section 323.005, Health and Safety Code, is
506	423		amended by amending Subsection (a) and adding Subsection (d) to
507	424		read as follows:
508	425		(a) The department shall develop a standard information
509	426		form for sexual assault survivors that must include:
510	427		(1) a detailed explanation of the forensic medical
511	428		examination required to be provided by law, including a statement
512	429		that photographs may be taken of the genitalia;
513	430		(2) information regarding treatment of sexually
514	431		transmitted infections and pregnancy, including:
515	432		(A) generally accepted medical procedures;
516	433		(B) appropriate medications; and
517	434		(C) any contraindications of the medications
518	435		prescribed for treating sexually transmitted infections and
519	436		preventing pregnancy;
520	437		(3) information regarding drug-facilitated sexual
521	438		assault, including the necessity for an immediate urine test for
522	439		sexual assault survivors who may have been involuntarily drugged;
523	440		(4) information regarding crime victims compensation,
524	441		including:
525	442		(A) a statement that public agencies are
526	443		responsible for paying for the forensic portion of an examination
527	444		conducted under Article 56.06 or 56.065, Code of Criminal
528	445		Procedure, and for the evidence collection kit used in connection
529	446		with the examination[:
530	447		[(i) a law enforcement agency will pay for
531	448		the forensic portion of an examination requested by the agency
532	449		under Article 56.06, Code of Criminal Procedure, and for the
533	450		evidence collection kit; or
534	451		[(ii) the Department of Public Safety will
535	452		pay the appropriate fees for the forensic portion of an examination
536	453		conducted under Article 56.065, Code of Criminal Procedure, and for
537	454		the evidence collection kit]; and
538	455		(B) [reimbursement] information regarding the
539	456		reimbursement of the survivor for the medical portion of the
540	457		examination;
541	458		(5) an explanation that consent for the forensic
542	459		medical examination may be withdrawn at any time during the
543	460		examination;
544	461		(6) the name and telephone number of sexual assault
545	462		crisis centers statewide; and
546	463		(7) information regarding postexposure prophylaxis
547	464		for HIV infection.
548	465		(d) In addition to providing the information form described
549	466		by Subsection (a), a health care facility shall ensure that the
550	467		information described by Subsection (a)(4)(A) is orally
551	468		communicated to the survivor.
552		-	SECTION 11. Chapter 323, Health and Safety Code, is amended
	469	+	SECTION 10. Chapter 323, Health and Safety Code, is amended
553	470		by adding Section 323.0052 to read as follows:
554	471		Sec. 323.0052. INFORMATION FORM FOR SEXUAL ASSAULT
555	472		SURVIVORS WHO HAVE NOT REPORTED ASSAULT. (a) The department shall
556	473		develop a standard information form that, as described by
557	474		Subsection (b), is to be provided to sexual assault survivors who
558	475		have not given signed, written consent to a health care facility to
559	476		release the evidence as provided by Section 420.0735, Government
560	477		Code. The form must include the following information:
561	478		(1) the Department of Public Safety's policy regarding
562	479		storage of evidence of a sexual assault or other sex offense that is
563	480		collected under Article 56.065, Code of Criminal Procedure,
564	481		including:
565	482		(A) a statement that the evidence will be stored
566	483		until the fifth anniversary of the date on which the evidence was
567	484		collected before the evidence becomes eligible for destruction; and
568	485		(B) the department's procedures regarding the
569	486		notification of the survivor before a planned destruction of the
570	487		evidence;
571	488		(2) a statement that the survivor may request the
572	489		release of the evidence to a law enforcement agency and report a
573	490		sexual assault or other sex offense to the agency at any time;
574	491		(3) the name, phone number, and e-mail address of the
575	492		law enforcement agency with jurisdiction over the offense; and
576	493		(4) the name and phone number of a local rape crisis
577	494		center.
578	495		(b) A health care facility that provides care to a sexual
579	496		assault survivor who has not given consent as described by
580	497		Subsection (a) shall provide the standard form developed under
581	498		Subsection (a) to the survivor before the survivor is released from
582	499		the facility.
583		-	SECTION 12. The change in law made by this Act to Article
	500	+	SECTION 11. The change in law made by this Act to Article
584	501		12.01, Code of Criminal Procedure, does not apply to an offense if
585	502		the prosecution of that offense becomes barred by limitation before
586	503		the effective date of this Act. The prosecution of that offense
587	504		remains barred as if this Act had not taken effect.
588		-	SECTION 13. The change in law made by this Act to Article
	505	+	SECTION 12. The change in law made by this Act to Article
589	506		38.43, Code of Criminal Procedure, applies only to biological
590	507		evidence destroyed on or after the effective date of this Act.
591	508		Biological evidence destroyed before the effective date of this Act
592	509		is governed by the law that was in effect immediately before the
593	510		effective date of this Act, and the former law is continued in
594	511		effect for that purpose.
595		-	SECTION 14. (a) Except as provided by this section, the
	512	+	SECTION 13. (a) Except as provided by this section, the
596	513		changes in law made by this Act to Article 56.065, Code of Criminal
597	514		Procedure, and Chapter 420, Government Code, apply only to sexual
598	515		assault evidence and evidence of other sex offenses collected on or
599	516		after the effective date of this Act. Evidence collected before the
600	517		effective date of this Act is governed by the law in effect on the
601	518		date the evidence was collected, and the former law is continued in
602	519		effect for that purpose.
603	520		(b) The change in law made by this Act to Section
604	521		420.042(c), Government Code, applies only to sexual assault
605	522		evidence and evidence of other sex offenses received by a public
606	523		accredited crime laboratory on or after January 1, 2021. Evidence
607	524		received by a public accredited crime laboratory before January 1,
608	525		2021, is governed by the law in effect immediately before the
609	526		effective date of this Act, and the former law is continued in
610	527		effect for that purpose.
611	528		(c) Notwithstanding Section 420.046, Government Code, as
612	529		added by this Act, a law enforcement agency's or public accredited
613	530		crime laboratory's failure to comply with the requirements of
614	531		Subchapter B-1, Chapter 420, Government Code, as amended by this
615	532		Act, before January 15, 2020, does not affect the agency's or
616	533		laboratory's eligibility for grants if the agency or laboratory is
617	534		in compliance with Subchapter B-1, Chapter 420, Government Code, as
618	535		amended by this Act, beginning on that date.
619	536		(d) Section 420.047, Government Code, as added by this Act,
620	537		applies to an evidence collection kit in possession of a law
621	538		enforcement agency on September 1, 2019.
622		-	SECTION 15. The Department of Public Safety of the State of
	539	+	SECTION 14. The Department of Public Safety of the State of
623	540		Texas and the Department of State Health Services are required to
624	541		implement a provision of this Act only if the legislature
625	542		appropriates money specifically for that purpose. If the
626	543		legislature does not appropriate money specifically for that
627	544		purpose, those agencies may, but are not required to, implement a
628	545		provision of this Act using other appropriations available for that
629	546		purpose.
630		-	SECTION 16. This Act takes effect September 1, 2019.
631		-	______________________________ ______________________________
632		-	President of the Senate Speaker of the House
633		-	I certify that H.B. No. 8 was passed by the House on April 17,
634		-	2019, by the following vote: Yeas 138, Nays 0, 1 present, not
635		-	voting; and that the House concurred in Senate amendments to H.B.
636		-	No. 8 on May 23, 2019, by the following vote: Yeas 144, Nays 0, 1
637		-	present, not voting.
638		-	______________________________
639		-	Chief Clerk of the House
640		-	I certify that H.B. No. 8 was passed by the Senate, with
641		-	amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
642		-	0.
643		-	______________________________
644		-	Secretary of the Senate
645		-	APPROVED: __________________
646		-	Date
647		-	__________________
648		-	Governor
	547	+	SECTION 15. This Act takes effect September 1, 2019.
	548	+	* * * * *