Bill Text: TX HB8 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the criminal statute of limitations for certain sex offenses and the collection, analysis, and preservation of evidence of sexual assault and other sex offenses.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-04 - Effective on 9/1/19 [HB8 Detail]

Download: Texas-2019-HB8-Introduced.html
  86R5828 MEW-D
 
  By: Neave H.B. No. 8
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the statute of limitations for certain sexual offenses
  and the collection, analysis, and preservation of evidence of
  sexual assault and other sex offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 12.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 12.01.  FELONIES. Except as provided in Article 12.03,
  felony indictments may be presented within these limits, and not
  afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if:
                           (i)  during the investigation of the offense
  biological matter is collected and the matter:
                                 (a)  has not yet been subjected to
  forensic DNA testing; or
                                 (b)  has been subjected to forensic DNA
  testing and the testing results show that the matter does not match
  the victim or any other person whose identity is readily
  ascertained; or
                           (ii)  probable cause exists to believe that
  the defendant has committed the same or a similar sexual offense
  against five or more victims;
                     (D)  continuous sexual abuse of young child or
  children under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (F)  an offense involving leaving the scene of an
  accident under Section 550.021, Transportation Code, if the
  accident resulted in the death of a person;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code;
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code; or
                     (I)  compelling prostitution under Section
  43.05(a)(2), Penal Code;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which he exercises control in his official capacity;
                     (C)  forgery or the uttering, using or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1);
                     (F)  arson;
                     (G)  trafficking of persons under Section
  20A.02(a)(1), (2), (3), or (4), Penal Code; or
                     (H)  compelling prostitution under Section
  43.05(a)(1), Penal Code;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  misapplication of fiduciary property or
  property of a financial institution;
                     (B)  securing execution of document by deception;
                     (C)  a felony violation under Chapter 162, Tax
  Code;
                     (D)  false statement to obtain property or credit
  under Section 32.32, Penal Code;
                     (E)  money laundering;
                     (F)  credit card or debit card abuse under Section
  32.31, Penal Code;
                     (G)  fraudulent use or possession of identifying
  information under Section 32.51, Penal Code;
                     (H)  exploitation of a child, elderly individual,
  or disabled individual under Section 32.53, Penal Code;
                     (I)  Medicaid fraud under Section 35A.02, Penal
  Code; or
                     (J)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (6);
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping or burglary;
                     (C)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (D)  abandoning or endangering a child; or
                     (E)  insurance fraud;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  sexual performance by a child under Section
  43.25, Penal Code;
                     (B)  aggravated kidnapping under Section
  20.04(a)(4), Penal Code, if the defendant committed the offense
  with the intent to violate or abuse the victim sexually; or
                     (C)  burglary under Section 30.02, Penal Code, if
  the offense is punishable under Subsection (d) of that section and
  the defendant committed the offense with the intent to commit an
  offense described by Subdivision (1)(B) or (D) of this article or
  Paragraph (B) of this subdivision;
               (6)  ten years from the 18th birthday of the victim of
  the offense:
                     (A)  trafficking of persons under Section
  20A.02(a)(5) or (6), Penal Code;
                     (B)  injury to a child under Section 22.04, Penal
  Code; or
                     (C)  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed; or
               (7)  three years from the date of the commission of the
  offense: all other felonies.
         SECTION 2.  Article 38.43, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsection (c-1) to
  read as follows:
         (c)  An entity or individual described by Subsection (b)
  shall ensure that biological evidence, other than the contents of a
  sexual assault examination kit subject to Subsection (c-1),
  collected pursuant to an investigation or prosecution of a felony
  offense or conduct constituting a felony offense is retained and
  preserved:
               (1)  for not less than 40 years, or until any [the]
  applicable statute of limitations has expired, if there is an
  unapprehended actor associated with the offense; or
               (2)  in a case in which a defendant has been convicted,
  placed on deferred adjudication community supervision, or
  adjudicated as having engaged in delinquent conduct and there are
  no additional unapprehended actors associated with the offense:
                     (A)  until the inmate is executed, dies, or is
  released on parole, if the defendant is convicted of a capital
  felony;
                     (B)  until the defendant dies, completes the
  defendant's sentence, or is released on parole or mandatory
  supervision, if the defendant is sentenced to a term of confinement
  or imprisonment in the Texas Department of Criminal Justice;
                     (C)  until the defendant completes the
  defendant's term of community supervision, including deferred
  adjudication community supervision, if the defendant is placed on
  community supervision;
                     (D)  until the defendant dies, completes the
  defendant's sentence, or is released on parole, mandatory
  supervision, or juvenile probation, if the defendant is committed
  to the Texas Juvenile Justice Department; or
                     (E)  until the defendant completes the
  defendant's term of juvenile probation, including a term of
  community supervision upon transfer of supervision to a criminal
  court, if the defendant is placed on juvenile probation.
         (c-1)  An entity or individual described by Subsection (b)
  shall ensure that the contents of a sexual assault examination kit
  collected pursuant to an investigation or prosecution of a felony
  offense or conduct constituting a felony offense is retained and
  preserved for not less than 50 years, or until any applicable
  statute of limitations has expired, whichever period is longer.  
  This subsection applies regardless of whether a person has been
  apprehended for or charged with committing the offense.
         SECTION 3.  Article 56.065, Code of Criminal Procedure, is
  amended by amending Subsection (g) and adding Subsection (g-1) to
  read as follows:
         (g)  The department, consistent with Chapter 420, Government
  Code, shall develop procedures for:
               (1)  the transfer [and preservation] of evidence
  collected under this article to a crime laboratory or other
  suitable location designated by the public safety director of the
  department; and
               (2)  the preservation of the evidence by the receiving
  entity.
         (g-1)  An [The receiving] entity receiving evidence
  described by Subsection (g) shall preserve the evidence until the
  earlier of:
               (1)  the fifth [second] anniversary of the date on
  which [the] evidence was collected; or
               (2)  the date on which written consent to release the
  evidence is obtained as provided by Section 420.0735, Government
  Code.
         SECTION 4.  Sections 420.003(1-a), (1-d), (7), and (8),
  Government Code, are amended to read as follows:
               (1-a)  "Active criminal case" means a case:
                     (A)  in which:
                           (i)  a sexual assault or other sex offense
  has been reported to a law enforcement agency; and
                           (ii)  physical evidence of the offense
  [assault] has been submitted to the agency or an accredited crime
  laboratory under this chapter for analysis; and
                     (B)  for which:
                           (i)  the statute of limitations has not run
  with respect to the prosecution of the offense [sexual assault]; or
                           (ii)  a DNA profile was obtained that is
  eligible under Section 420.043 for comparison with DNA profiles in
  the state database or CODIS DNA database.
               (1-d)  "Law enforcement agency" means a state or local
  law enforcement agency in this state with jurisdiction over the
  investigation of a sexual assault or other sex offense.
               (7)  "Sexual assault program" means any local public or
  private nonprofit corporation, independent of a law enforcement
  agency or prosecutor's office, that is operated as an independent
  program or as part of a municipal, county, or state agency and that
  provides the minimum services to adult survivors of stranger and
  non-stranger sex offenses [sexual assault].
               (8)  "Survivor" means an individual who is a victim of a
  sexual assault or other sex offense, regardless of whether a report
  or conviction is made in the incident.
         SECTION 5.  Section 420.033, Government Code, is amended to
  read as follows:
         Sec. 420.033.  CHAIN OF CUSTODY.  Medical, law enforcement,
  department, and laboratory personnel who handle [sexual assault]
  evidence of a sexual assault or other sex offense under this chapter
  or other law shall maintain the chain of custody of the evidence
  from the time the evidence is collected until the time the evidence
  is destroyed.
         SECTION 6.  Subchapter B, Chapter 420, Government Code, is
  amended by adding Section 420.035 to read as follows:
         Sec. 420.035.  EVIDENCE RELEASE. (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 promptly notify the
  law enforcement agency investigating the alleged offense.
         (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 seventh day after
  the date the law enforcement agency receives notice.
         (c)  Failure to comply with evidence collection procedures
  or requirements under this section does not affect the
  admissibility of the evidence in a trial of the offense.
         SECTION 7.  Subchapter B-1, Chapter 420, Government Code, is
  amended to read as follows:
  SUBCHAPTER B-1. ANALYSIS OF [SEXUAL ASSAULT] EVIDENCE OF SEXUAL
  ASSAULT OR OTHER SEX OFFENSE
         Sec. 420.041.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to physical evidence of a sexual assault or other sex
  offense that is collected with respect to an active criminal case.
         Sec. 420.042.  ANALYSIS OF [SEXUAL ASSAULT] EVIDENCE. (a) A
  law enforcement agency that receives [sexual assault] evidence of a
  sexual assault or other sex offense that is collected under this
  chapter or other law shall submit that evidence to a public
  accredited crime laboratory for analysis not later than the 30th
  day after the date on which that evidence was received.
         (b)  A person who submits [sexual assault] evidence of a
  sexual assault or other sex offense to a public accredited crime
  laboratory under this chapter or other law shall provide the
  following signed, written certification with each submission:
  "This evidence is being submitted by (name of person making
  submission) in connection with a criminal investigation."
         (c)  If sufficient personnel and resources are available, a
  public accredited crime laboratory, as soon as practicable but not
  later than the 90th day after the date on which the laboratory
  received the evidence, shall complete its analysis of any [sexual
  assault] evidence of a sexual assault or other sex offense that is
  submitted under this chapter or other law.
         (d)  To ensure the expeditious completion of analyses, the
  department and other applicable public accredited crime
  laboratories may contract with private accredited crime
  laboratories as appropriate to perform those analyses, subject to
  the necessary quality assurance reviews by the public accredited
  crime laboratories.
         (e)  The failure of a law enforcement agency to take
  possession of evidence of a sexual assault or other 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 or a public accredited crime
  laboratory authorized under Section 420.043(b) to compare the DNA
  profile obtained from the biological evidence with DNA profiles in
  the databases described by Section 420.043(a).
         (f)  Failure to comply with the requirements under this
  section does not affect the admissibility of the evidence in a trial
  of the offense.
         Sec. 420.043.  DATABASE COMPARISON REQUIRED. (a) Not later
  than the 30th day after the date [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, except
  as provided by Subsection (b), 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.
         (b)  If the evidence kit containing biological evidence is
  analyzed by a public accredited crime laboratory, the laboratory,
  instead of the department, may perform the comparison of DNA
  profiles required under Subsection (a) provided that:
               (1)  the laboratory performs the comparison not later
  than the 30th day after the date the analysis is complete and any
  necessary quality assurance reviews have been performed;
               (2)  the law enforcement agency that submitted the
  evidence collection kit containing biological evidence gives
  permission; and
               (3)  the laboratory meets applicable federal and state
  requirements to access the databases described by Subsection (a).
         (c)  The department may use appropriated funds to employ
  personnel and purchase equipment and technology necessary to comply
  with the requirements of this section.
         Sec. 420.044.  GRANT FUNDS. The department shall apply for
  any available federal grant funds applicable to the analysis of
  evidence collection kits containing biological evidence, including
  grant money available under the National Institute of Justice's DNA
  Capacity Enhancement and Backlog Reduction Program.
         Sec. 420.045.  AUDIT OF UNANALYZED EVIDENCE OF SEXUAL
  ASSAULT OR OTHER SEX OFFENSE. (a) A law enforcement agency in
  possession of evidence of a sexual assault or other sex offense that
  has not been submitted for laboratory analysis shall:
               (1)  not later than October 15, 2019, submit to the
  department a list of the agency's active criminal cases for which
  evidence of a sexual assault or other sex offense has not yet been
  submitted for laboratory analysis;
               (2)  not later than April 1, 2020, and subject to the
  availability of laboratory storage space, submit, as appropriate,
  to the department or a public accredited crime laboratory all
  evidence of a sexual assault or other sex offense pertaining to
  those active criminal cases that has not yet been submitted for
  laboratory analysis; and
               (3)  if the law enforcement agency submits evidence
  under Subdivision (2) to a laboratory other than a department
  laboratory, notify the department of:
                     (A)  the laboratory to which the evidence was
  sent; and
                     (B)  any analysis completed by the laboratory to
  which the evidence was sent and the date on which the analysis was
  completed.
         (b)  Not later than February 15, 2021, the department shall
  submit to the governor and the appropriate standing committees of
  the senate and the house of representatives a report containing:
               (1)  a projected timeline for the completion of
  laboratory analyses, in accordance with this chapter, of all
  unanalyzed evidence of a sexual assault or other sex offense
  submitted under Subsection (a)(2);
               (2)  a request for any necessary funding to accomplish
  the analyses under Subdivision (1), including a request for a grant
  of money under Article 102.056(e), Code of Criminal Procedure, if
  money is available under that subsection;
               (3)  as appropriate, application materials for
  requests made as required by Subdivision (2); and
               (4)  if the department determines that outsourcing of a
  portion of the submitted evidence is necessary for timely analyses
  of the evidence:
                     (A)  a proposal for determining which evidence
  should be outsourced; and
                     (B)  a list of laboratories the department
  determines are capable of completing the outsourced analyses.
         (c)  Not later than September 1, 2022, and to the extent that
  funding is available, the department shall, as provided by Sections
  420.042 and 420.043, analyze or contract for the analysis of, and
  complete the required database comparison, or ensure that a public
  accredited laboratory completed the comparison, regarding all
  evidence of a sexual assault or other sex offense submitted to the
  department under Subsection (a)(2).
         (d)  Notwithstanding Subsection (c), the department is not
  required to use under this section in a state fiscal year any amount
  of money from the state highway fund that exceeds the amount the
  department has historically used in a state fiscal year to fund
  laboratory analyses of evidence of a sexual assault or other sex
  offense under this chapter.
         (e)  To supplement funding of laboratory analyses under this
  section, the department may solicit and receive grants, gifts, or
  donations of money from the federal government or private sources
  as described by this chapter.
         (f)  This section expires September 1, 2023.
         SECTION 8.  The change in law made by this Act to Article
  12.01, Code of Criminal Procedure, does not apply to an offense if
  the prosecution of that offense becomes barred by limitation before
  the effective date of this Act. The prosecution of that offense
  remains barred as if this Act had not taken effect.
         SECTION 9.  The change in law made by this Act to Article
  38.43, Code of Criminal Procedure, applies only to biological
  evidence destroyed on or after the effective date of this Act.
  Biological evidence destroyed before the effective date of this Act
  is governed by the law that was in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 10.  (a)  Except as provided by this section, the
  changes in law made by this Act to Article 56.065, Code of Criminal
  Procedure, and Chapter 420, Government Code, 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(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.
         (c)  Section 420.045, Government Code, as added by this Act,
  applies to evidence of a sexual assault or other sex offense in
  possession of a law enforcement agency on September 1, 2019.
         SECTION 11.  This Act takes effect September 1, 2019.
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