2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 420 - Sexual Assault Prevention and Crisis Services › Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense › Section 420.034. Statewide Electronic Tracking System

Sec. 420.034.  STATEWIDE ELECTRONIC TRACKING SYSTEM.  (a)  For purposes of this section, "evidence" means evidence collected during the investigation of a sexual assault 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.
(b)  The department shall develop and implement a statewide electronic tracking system for evidence collected in relation to 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)  allow a facility or entity performing a 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)  allow a survivor to anonymously track or receive updates regarding the status and location of each item of evidence collected in relation to the offense.
(d)  The department shall require participation in the tracking system by any facility or entity that collects evidence of a sexual assault or other sex offense or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected.
(e)  Records entered into the tracking system are confidential and are not subject to disclosure under Chapter 552.  Records relating to evidence tracked under the system may be accessed only by:
(1)  the survivor from whom the evidence was collected; or
(2)  an employee of a facility or entity described by Subsection (d), for purposes of updating or tracking the status or location of an item of evidence.
(f)  An employee of the department or a facility or entity described by Subsection (d) may not disclose to a parent or legal guardian of a survivor information that would aid the parent or legal guardian in accessing records relating to evidence tracked under the system if the employee knows or has reason to believe that the parent or legal guardian is a suspect or a suspected accomplice in the commission of the offense with respect to which evidence was collected.
(g)  To assist in establishing and maintaining the statewide electronic tracking system under this section, the department may accept gifts, grants, or donations from any person or entity.
(h)  Not later than December 1 of each year, the department shall submit a report to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature identifying the number of evidence collection kits that have not yet been submitted for laboratory analysis or for which the laboratory analysis has not yet been completed, as applicable. The annual report must be titled "Statewide Electronic Tracking System Report" and must be posted on the department's publicly accessible Internet website.
Added by Acts 2017, 85th Leg., R.S., Ch. 1137 (H.B. 281), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 12, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 13, eff. September 1, 2021.