Bill keeping sexual assault exam evidence for 20 years

The text as introduced · 514 words

89R1203 JDK-F

By: Johnson
H.B. No. 3119

A BILL TO BE ENTITLED

AN ACT

relating to the preservation of evidence collected from a forensic

medical examination for certain sexual assaults.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 56A.306(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Subject to Subsection (c), an entity receiving evidence

collected during a forensic medical examination as described by

this subchapter shall preserve the evidence until the earlier of:

(1) the 20th [ fifth ] anniversary of the date on which

the evidence was collected or, if the victim was younger than 17

years of age at the time of the alleged sexual assault, when the

victim reaches the age of 40 ; or

(2) the date on which written consent to release the

evidence is obtained as provided by Section 420.0735, Government

Code.

SECTION 2. Section 323.0052(a), Health and Safety Code, is

amended to read as follows:

(a) The commission shall develop a standard information

form that, as described by Subsection (b), is to be provided to

sexual assault survivors who have not given signed, written consent

to a health care facility to release the evidence as provided by

Section 420.0735, Government Code. The form must include the

following information:

(1) the Department of Public Safety's policy regarding

storage of evidence of a sexual assault or other sex offense that is

collected under Subchapter G, Chapter 56A, Code of Criminal

Procedure, including:

(A) a statement that the evidence will be stored

until the 20th [ fifth ] anniversary of the date on which the evidence

was collected or, if the survivor was younger than 17 years of age

at the time of the alleged sexual assault or other sex offense,

until the survivor reaches the age of 40 before the evidence becomes

eligible for destruction; and

(B) the department's procedures regarding the

notification of the survivor through the statewide electronic

tracking system before a planned destruction of the evidence;

(2) a statement that the survivor may request the

release of the evidence to a law enforcement agency and report a

sexual assault or other sex offense to the agency at any time;

(3) the name, phone number, and e-mail address of the

law enforcement agency with jurisdiction over the offense; and

(4) the name and phone number of a local sexual assault

crisis center.

SECTION 3. Article 56A.306(b), Code of Criminal Procedure,

as amended by this Act, applies only to sexual assault evidence

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.

SECTION 4. Not later than December 1, 2025, the Health and

Human Services Commission shall revise the information form

developed under Section 323.0052(a), Health and Safety Code, as

necessary to conform to the changes in law made by this Act to that

section.

SECTION 5. This Act takes effect September 1, 2025.