HB3119 - Relating to the preservation of evidence collected from a forensic medical examination for certain sexual assaults.

  89R1203 JDK-F     By: Johnson H.B. No. 3119       A BILL TO BE ENTITLED   AN ACT   relating to the preservation of evidence collected from a forensic   medical examination for certain sexual assaults.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 56A.306(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  Subject to Subsection (c), an entity receiving evidence   collected during a forensic medical examination as described by   this subchapter shall preserve the evidence until the earlier of:                (1)  the 20th [ fifth ] anniversary of the date on which   the evidence was collected or, if the victim was younger than 17   years of age at the time of the alleged sexual assault, when the   victim reaches the age of 40 ; or                (2)  the date on which written consent to release the   evidence is obtained as provided by Section 420.0735, Government   Code.          SECTION 2.  Section 323.0052(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission shall develop a standard information   form that, as described by Subsection (b), is to be provided to   sexual assault survivors who have not given signed, written consent   to a health care facility to release the evidence as provided by   Section 420.0735, Government Code.  The form must include the   following information:                (1)  the Department of Public Safety's policy regarding   storage of evidence of a sexual assault or other sex offense that is   collected under Subchapter G, Chapter 56A, Code of Criminal   Procedure, including:                      (A)  a statement that the evidence will be stored   until the 20th [ fifth ] anniversary of the date on which the evidence   was collected or, if the survivor was younger than 17 years of age   at the time of the alleged sexual assault or other sex offense,   until the survivor reaches the age of 40 before the evidence becomes   eligible for destruction; and                      (B)  the department's procedures regarding the   notification of the survivor through the statewide electronic   tracking system before a planned destruction of the evidence;                (2)  a statement that the survivor may request the   release of the evidence to a law enforcement agency and report a   sexual assault or other sex offense to the agency at any time;                (3)  the name, phone number, and e-mail address of the   law enforcement agency with jurisdiction over the offense; and                (4)  the name and phone number of a local sexual assault   crisis center.          SECTION 3.  Article 56A.306(b), Code of Criminal Procedure,   as amended by this Act, applies only to sexual assault evidence   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 4.  Not later than December 1, 2025, the Health and   Human Services Commission shall revise the information form   developed under Section 323.0052(a), Health and Safety Code, as   necessary to conform to the changes in law made by this Act to that   section.          SECTION 5.  This Act takes effect September 1, 2025.