85R1743 LHC-D     By: Howard H.B. No. 281       A BILL TO BE ENTITLED   AN ACT   relating to establishing a statewide electronic tracking system for   evidence collection kits used to collect and preserve evidence of a   sex offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 420,   Government Code, is amended to read as follows:   SUBCHAPTER B. COLLECTION, [AND] PRESERVATION, AND TRACKING OF   EVIDENCE OF SEX OFFENSE          SECTION 2.  Subchapter B, Chapter 420, Government Code, is   amended by adding Section 420.034 to read as follows:          Sec. 420.034.  STATEWIDE ELECTRONIC TRACKING SYSTEM. (a)   The department shall develop and implement a statewide electronic   tracking system for evidence collection kits used to collect and   preserve evidence of a sexual assault or other sex offense.          (b)  The tracking system must:                (1)  track the location and status of each evidence   collection kit through the criminal justice process, including the   initial collection of evidence for the kit in a forensic medical   examination performed at a health care facility, receipt and   storage of the kit at a law enforcement agency, receipt and analysis   of the kit at an accredited crime laboratory, and storage and   destruction of the kit after the applicable evidence is analyzed;                (2)  allow a health care facility 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 evidence collection kit to update and   track the status and location of the kit; and                (3)  allow a survivor to anonymously track or receive   updates regarding the status and location of the survivor's   evidence collection kit.           (c)  The department shall require participation in the   tracking system by any entity that collects evidence for an   evidence collection kit or investigates or prosecutes a sex offense   for which an evidence collection kit has been completed.          (d)  Records entered into the tracking system are   confidential and are not subject to disclosure under Chapter 552.     Records relating to an evidence collection kit may be accessed only   by:                (1)  the survivor for whom the evidence collection kit   was completed; or                (2)  an employee of an entity described by Subsection   (c), for purposes of updating or tracking the status or location of   the evidence collection kit.           SECTION 3.  Not later than September 1, 2019, the Department   of Public Safety of the State of Texas shall require all entities   described by Section 420.034(c), Government Code, as added by this   Act, to participate in the statewide electronic tracking system   established under that section.          SECTION 4.  This Act takes effect September 1, 2017.