HB152 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 3 section(s) of the Texas statutes: Section 420.033, Government Code, Section 420.034(c), Government Code, Section 420.035, Government Code.

• assault sexual assault sexual assault → or other sex offense offense offense or other sex offense sex offenses or other sex offense

  amended

• Section 420.033, Government Code

  sexual assault → of a sexual assault or other sex offense

  amended

• Section 420.034(c), Government Code

  assignment of a unique number to the item of evidence,

  amended

• Section 420.035, Government Code

  Sec. 420.035. 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 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 the 14th day after the date that determination is made. (d) A law enforcement agency that receives notice from another law enforcement agency 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 policy regarding storage of 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 request the release of the evidence to a law enforcement agency. (f) A health care facility or other entity that performs a medical examination to collect evidence as described by this section must store until at least the first anniversary of the date of collection any evidence that is not released to a law enforcement agency. (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 evidence based on a DNA profile. (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.

  added

• SEXUAL ASSAULT SEXUAL ASSAULT sexual assault 30th sexual assault sexual assault sexual assault or (2) On the request of any appropriate person and after → OF SEXUAL ASSAULT OR OTHER SEX OFFENSE or other sex offense that is collected of a sexual assault or other sex offense that is 14th of a sexual assault or other sex offense , but not later than the 60th day after the date on which the laboratory received the evidence, any of a sexual assault or other sex offense that is take possession of evidence of a sexual assault or other sex offense within the period required by Section 420.035 or to that the agency to take possession of the evidence; (2) (3) ; 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) 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. (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. After

  amended