Bill Text: TX HB281 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to establishing a statewide electronic tracking system for evidence of a sex offense.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB281 Detail]
Download: Texas-2017-HB281-Introduced.html
Bill Title: Relating to establishing a statewide electronic tracking system for evidence of a sex offense.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB281 Detail]
Download: Texas-2017-HB281-Introduced.html
85R1743 LHC-D | ||
By: Howard | H.B. No. 281 |
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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, [ |
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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. |