Bill Text: TX HR2005 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 2462.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-05-30 - Reported enrolled [HR2005 Detail]
Download: Texas-2021-HR2005-Enrolled.html
H.R. No. 2005 |
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BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, | ||
Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), to enable the conference committee appointed to | ||
resolve the differences on House Bill 2462 (the reporting of a | ||
sexual assault, to evidence of a sexual assault or other sex | ||
offense, and to other law enforcement procedures occurring with | ||
respect to a sexual assault or other sex offense) to consider and | ||
take action on the following matters: | ||
(1) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter not included in either the | ||
house or senate version of the bill by adding the following new | ||
SECTIONS to the bill: | ||
SECTION 11. Section 420.003(1-a), Government Code, is | ||
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; [ |
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(ii) physical evidence of the offense has | ||
been submitted to the agency or an accredited crime laboratory | ||
under this chapter for analysis; and | ||
(iii) the agency documents that an offense | ||
has been committed and reported; and | ||
(B) for which: | ||
(i) the statute of limitations has not run | ||
with respect to the prosecution of the offense; 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. | ||
SECTION 12. Sections 420.034(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) For purposes of this section, "evidence" means evidence | ||
collected during the investigation of a [ |
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or other sex offense, including: | ||
(1) evidence from an evidence collection kit used to | ||
collect and preserve evidence of a sexual assault or other sex | ||
offense; and | ||
(2) other biological evidence of a sexual assault or | ||
other sex offense. | ||
(c) The tracking system must: | ||
(1) include the evidence collection kit and any other | ||
items collected during the forensic medical examination in relation | ||
to a sexual assault or other sex offense and submitted for a | ||
laboratory analysis that is necessary to identify the offender or | ||
offenders, regardless of whether the evidence is collected in | ||
relation to an individual who is alive or deceased; | ||
(2) track the location and status of each item of | ||
evidence through the criminal justice process, including the | ||
initial collection of the item of evidence in a forensic medical | ||
examination, receipt and storage of the item of evidence at a law | ||
enforcement agency, receipt and analysis of the item of evidence at | ||
an accredited crime laboratory, and storage and destruction of the | ||
item of evidence after the item is analyzed; | ||
(3) [ |
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forensic medical examination of a survivor, law enforcement agency, | ||
accredited crime laboratory, prosecutor, or other entity providing | ||
a chain of custody for an item of evidence to update and track the | ||
status and location of the item; and | ||
(4) [ |
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receive updates regarding the status and location of each item of | ||
evidence collected in relation to the offense. | ||
SECTION 13. Section 420.045, Government Code, is | ||
transferred to Section 420.034, Government Code, redesignated as | ||
Subsection (h), Section 420.034, Government Code, and amended to | ||
read as follows: | ||
(h) Not later than December 1 of each year, the department | ||
[ |
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the governor, lieutenant governor, speaker of the house of | ||
representatives, and members of the legislature [ |
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identifying the number of evidence collection kits that have [ |
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analysis or for which the [ |
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been completed [ |
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be titled "Statewide Electronic Tracking System Report" and must be | ||
posted on the department's publicly accessible Internet website. | ||
SECTION 14. Section 420.035(a), Government Code, as added | ||
by Chapter 408 (H.B. 8), Acts of the 86th Legislature, Regular | ||
Session, 2019, is amended to read as follows: | ||
(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: | ||
(1) promptly notify any law enforcement agency | ||
investigating the [ |
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(2) not later than two business days after the date the | ||
examination is performed, enter the identification number of the | ||
evidence collection kit into the statewide electronic tracking | ||
system under Section 420.034. | ||
SECTION 15. Section 420.042, Government Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) A law enforcement agency that fails to submit evidence | ||
of a sexual assault or other sex offense to a public accredited | ||
crime laboratory within the period required by this section shall | ||
provide to the department written documentation of the failure, | ||
including a detailed explanation for the failure. The agency shall | ||
submit the documentation required by this subsection on or before | ||
the 30th day after the date on which the agency discovers that the | ||
evidence was not submitted within the period required by this | ||
section. | ||
SECTION 16. Section 420.046, Government Code, is amended to | ||
read as follows: | ||
Sec. 420.046. NONCOMPLIANCE. Failure to comply with the | ||
requirements of Subchapter B or this subchapter may be used to | ||
determine eligibility for receiving grant funds from the | ||
department, the office of the governor, or another state agency. | ||
SECTION 17. Section 420.042(b), Government Code, is | ||
repealed. | ||
SECTION 20. The changes in law made by this Act to Section | ||
420.034(c), Government Code, and Section 420.035(a), Government | ||
Code, as added by Chapter 408 (H.B. 8), Acts of the 86th | ||
Legislature, Regular Session, 2019, 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. | ||
SECTION 21. Section 420.042(g), 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 or after the | ||
effective date of this Act. | ||
Explanation: The addition is necessary to improve the | ||
tracking and analysis of evidence of a sexual assault or other sex | ||
offense and to ensure compliance with certain requirements imposed | ||
with respect to a sex offense or evidence of a sex offense. | ||
(2) House Rule 13, Sections 9(a)(1) and (3), are suspended | ||
to permit the committee to change, alter, or amend text and to add | ||
text on a matter not in disagreement in proposed SECTION 19 of the | ||
bill, a transition provision for the bill, to read as follows: | ||
SECTION 19. The changes in law made by this Act to Chapters | ||
56A and 56B, Code of Criminal Procedure, apply only to a sexual | ||
assault reported on or after the effective date of this Act. A | ||
sexual assault reported before the effective date of this Act is | ||
governed by the law in effect on the date the sexual assault was | ||
reported, and the former law is continued in effect for that | ||
purpose. | ||
Explanation: The change in the provision is necessary to | ||
specify a transition for amended Articles 56A.052, 56A.251, | ||
56A.252, 56A.302, 56A.303, 56A.304, 56A.307, and 56B.453, Code of | ||
Criminal Procedure, and added Articles 56A.2505 and 56A.2506, Code | ||
of Criminal Procedure, in the bill. | ||
Neave | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 2005 was adopted by the House on May | ||
30, 2021, by the following vote: Yeas 138, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||