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
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 |
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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 [ |
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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 [ |
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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 [ |
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described by Subsection (g) shall preserve the evidence until the | ||
earlier of: | ||
(1) the fifth [ |
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which [ |
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(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 | ||
[ |
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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 [ |
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(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 [ |
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(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 [ |
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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 [ |
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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 [ |
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law enforcement agency that receives [ |
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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 [ |
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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 [ |
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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 | ||
[ |
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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; [ |
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(3) [ |
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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 [ |
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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. |