By: Howard, et al. (Senate Sponsor - Huffman) H.B. No. 281          (In the Senate - Received from the House April 18, 2017;   April 24, 2017, read first time and referred to Committee on   Criminal Justice; May 19, 2017, reported favorably by the   following vote:  Yeas 8, Nays 0; May 19, 2017, sent to printer.)Click here to see the committee vote    A BILL TO BE ENTITLED   AN ACT     relating to establishing a statewide electronic tracking system for   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)   For purposes of this section, "evidence" means evidence collected   during the investigation of 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.          (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)  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;                (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                (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.           (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.          SECTION 3.  (a)  Not later than September 1, 2019, the   Department of Public Safety of the State of Texas shall require all   facilities and entities described by Section 420.034(d),   Government Code, as added by this Act, to participate in the   statewide electronic tracking system established under that   section.          (b)  Section 420.034, Government Code, as added by this Act,   applies only to evidence collected on or after the date on which a   facility or entity is first required under Subsection (a) of this   section to participate in the statewide electronic tracking system.   Evidence collected before that date is not required to be tracked   under the tracking system.          SECTION 4.  This Act takes effect September 1, 2017.     * * * * *