85R13766 LHC-D     By: Minjarez H.B. No. 1171     Substitute the following for H.B. No. 1171:     By:  Moody C.S.H.B. No. 1171       A BILL TO BE ENTITLED   AN ACT   relating to the collection, storage, and analysis of sexual assault   evidence and evidence of other sex offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 420, Government Code, is   amended by adding Section 420.034 to read as follows:          Sec. 420.034.  EVIDENCE RELEASE AND STORAGE. (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 notify   either the law enforcement agency investigating the alleged sexual   assault or other sex offense, if known, or the local law enforcement   agency not later than 24 hours after receiving consent.          (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 14th day after   the date the law enforcement agency receives notice.          (c)  If a law enforcement agency that takes possession of   evidence under Subsection (b) determines that the agency does not   have jurisdiction over the investigation of the alleged sexual   assault or other sex offense, the law enforcement agency shall   notify the law enforcement agency with jurisdiction over the   investigation not later than 14 days after making that   determination.          (d)  A law enforcement agency that receives notice under   Subsection (c) shall take possession of the evidence not later than   the 14th day after the date the law enforcement agency receives   notice.          (e)  A health care facility or other entity that performs a   medical examination to collect evidence of a sexual assault or   other sex offense that has not obtained signed, written consent as   provided by Section 420.0735 shall provide the survivor with   information relating to:                (1)  the facility's or entity's evidence storage policy   for evidence of a sexual assault or other sex offense, including a   statement of the period for which the evidence will be stored before   the evidence is destroyed; and                (2)  the ways in which the survivor can release the   evidence to a law enforcement agency.          (f)  A health care facility or other entity that performs a   medical examination must store evidence of a sexual assault or   other sex offense that is not released to a law enforcement agency   until at least the first anniversary of the date the evidence was   collected.          (g)  The failure of a health care facility or other entity or   a law enforcement agency to comply with the requirements of this   section does not constitute grounds in a criminal proceeding for:                (1)  a defendant to challenge the validity of a DNA   match obtained by comparison under Section 420.043; or                (2)  a court to exclude DNA evidence.          (h)  A person accused or convicted of committing a sexual   assault or other sex offense against the survivor does not have   standing to object to the failure of a health care facility or other   entity or a law enforcement agency to comply with the requirements   of this section. Failure of a facility, entity, or agency to comply   with the requirements of this section does not constitute grounds   for setting aside the conviction of a person convicted of   committing a sexual assault or other sex offense against the   survivor.           SECTION 2.  Section 420.042, Government Code, is amended by   amending Subsections (a), (c), and (e) and adding Subsections (f)   and (g) to read as follows:          (a)  A law enforcement agency that receives sexual assault   evidence or evidence of another sex offense collected under this   chapter or other law shall assign a unique number to the evidence   and shall submit that evidence to a public accredited crime   laboratory for analysis not later than the 14th [30th] day after the   date on which that evidence was received. Evidence submitted to a   public accredited crime laboratory under this subsection must   include the unique number assigned to the evidence by the agency.           (c)  If sufficient personnel and resources are available, a   public accredited crime laboratory, as soon as practicable but not   later than the 60th day after the date on which the laboratory   received the evidence, shall complete its analysis of [sexual   assault] evidence submitted under this chapter or other law.          (e)  The failure of a law enforcement agency to take   possession of sexual assault evidence or evidence of another sex   offense within the period required by Section 420.034 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 to compare the DNA profile obtained   from the biological evidence with DNA profiles in a database under   Section 420.043.          (f)  The failure of a law enforcement agency or public   accredited crime laboratory to comply with the requirements of this   section does not constitute grounds in a criminal proceeding for:                (1)  the defendant to challenge the validity of a DNA   match obtained by comparison under Section 420.043; or                (2)  a court to exclude DNA evidence.          (g)  A person accused or convicted of committing a sexual   assault or other sex offense against the survivor does not have   standing to object to the failure of a law enforcement agency or   public accredited crime laboratory to comply with the requirements   of this section. Failure of an agency or laboratory to comply with   the requirements of this section does not constitute grounds for   setting aside the conviction of a person convicted of committing a   sexual assault or other sex offense against the survivor.          SECTION 3.  Section 420.043, Government Code, is amended to   read as follows:          Sec. 420.043.  DATABASE COMPARISON REQUIRED. After [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, 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.          SECTION 4.  (a) Except as provided by Subsections (b) and   (c) of this section, the changes in law made by this Act 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(a), Government Code, applies only to sexual assault   evidence and evidence of other sex offenses received by a law   enforcement agency not earlier than 14 days before the effective   date of this Act.  Evidence received by a law enforcement agency   earlier than 14 days 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)  The change in law made by this Act by adding Section   420.034(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.          SECTION 5.  This Act takes effect September 1, 2017.