By: Paxton S.R. No. 548     SENATE RESOLUTION          BE IT RESOLVED by the Senate of the State of Texas, 87th   Legislature, Regular Session, 2021, That Senate Rule 12.03 be   suspended in part as provided by Senate Rule 12.08 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)  Senate Rule 12.03(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; [and]                            (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 [an alleged]   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.          (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) [(2)]  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) [(3)]  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.          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 [Sec. 420.045. REPORT OF UNANALYZED EVIDENCE OF   SEXUAL ASSAULT OR OTHER SEX OFFENSE. Each law enforcement agency   and public accredited crime laboratory] shall submit a   [quarterly] report to the governor, lieutenant governor, speaker   of the house of representatives, and members of the legislature   [department] identifying the number of evidence collection kits   that have [the law enforcement agency has] not yet been submitted   for laboratory analysis or for which the [crime] laboratory   analysis has not yet been completed [an analysis], 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.          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 [alleged] offense; and                (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)  Senate Rules 12.03(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.             _______________________________          President of the Senate                I hereby certify that the     above Resolution was adopted by     the Senate on May 30, 2021, by     the following vote:  Yeas 31,   Nays 0.                 _______________________________          Secretary of the Senate