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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a statewide electronic tracking system for |
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evidence of a sex offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 420, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF |
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EVIDENCE OF SEX OFFENSE |
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SECTION 2. Subchapter B, Chapter 420, Government Code, is |
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amended by adding Section 420.034 to read as follows: |
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Sec. 420.034. STATEWIDE ELECTRONIC TRACKING SYSTEM. (a) |
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The department, in consultation with a forensic science center |
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located in a county that has a population of 3.3 million or more, |
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shall develop and implement a statewide electronic tracking system |
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for evidence collected in relation to a sexual assault or other sex |
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offense. |
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(b) The tracking system must: |
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(1) track the location and status of each item of |
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evidence through the criminal justice process, including the |
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initial collection of items of evidence in a forensic medical |
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examination performed at a health care facility, receipt and |
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storage of the item of evidence at a law enforcement agency, receipt |
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and analysis of the item of evidence at an accredited crime |
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laboratory, and storage and destruction of the item of evidence |
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after the item is analyzed; |
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(2) allow a health care facility performing a forensic |
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medical examination of a survivor, law enforcement agency, |
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accredited crime laboratory, prosecutor, or other entity providing |
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a chain of custody for an item of evidence to update and track the |
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status and location of the item; and |
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(3) allow a survivor to anonymously track or receive |
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updates regarding the status and location of each item of evidence |
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collected in relation to the offense. |
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(c) The department shall require participation in the |
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tracking system by any entity that collects evidence of a sexual |
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assault or other sex offense or investigates or prosecutes a sexual |
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assault or other sex offense for which evidence has been collected. |
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(d) Records entered into the tracking system are |
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confidential and are not subject to disclosure under Chapter 552. |
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Records relating to evidence tracked under the system may be |
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accessed only by: |
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(1) the survivor from whom the evidence was collected; |
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or |
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(2) an employee of an entity described by Subsection |
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(c), for purposes of updating or tracking the status or location of |
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an item of evidence. |
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SECTION 3. Not later than September 1, 2019, the Department |
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of Public Safety of the State of Texas shall require all entities |
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described by Section 420.034(c), Government Code, as added by this |
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Act, to participate in the statewide electronic tracking system |
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established under that section. |
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SECTION 4. This Act takes effect September 1, 2017. |