|
|
|
|
AN ACT
|
|
relating to the preservation of evidence that contains biological |
|
material. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 38.43, Code of Criminal Procedure, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f)(1) This subsection applies only to evidence described |
|
by Subsection (b) that was used to prosecute and convict a defendant |
|
of an offense under Chapter 19, 21, or 22, Penal Code, if on |
|
conviction of the offense the defendant was sentenced to a term of |
|
imprisonment of 10 years or more. |
|
(2) In a county with a population less than 100,000, |
|
the attorney representing the state, clerk, or other officer in |
|
possession of any evidence to which this subsection applies shall |
|
ensure the preservation of the evidence by promptly delivering the |
|
evidence to the Department of Public Safety for storage in |
|
accordance with Section 411.052, Government Code, and department |
|
rules. |
|
SECTION 2. Subchapter D, Chapter 411, Government Code, is |
|
amended by adding Section 411.052 to read as follows: |
|
Sec. 411.052. PRESERVATION OF EVIDENCE CONTAINING |
|
BIOLOGICAL MATERIAL. (a) The department: |
|
(1) shall maintain a storage space for the |
|
preservation of evidence containing biological material that is |
|
delivered to the department under Article 38.43(f), Code of |
|
Criminal Procedure; and |
|
(2) may maintain a storage space for the preservation |
|
of evidence of a sexual assault or other sex offense. |
|
(b) The department shall adopt rules relating to the |
|
delivery, cataloging, and preservation of evidence stored under |
|
this section. |
|
SECTION 3. (a) The Department of Public Safety of the State |
|
of Texas shall adopt rules as required by Section 411.052(b), |
|
Government Code, as added by this Act, not later than November 1, |
|
2009. |
|
(b) The Department of Public Safety of the State of Texas |
|
must begin accepting evidence delivered to the department in |
|
accordance with Article 38.43, Code of Criminal Procedure, as |
|
amended by this Act, and Section 411.052, Government Code, as added |
|
by this Act, on January 1, 2010. |
|
SECTION 4. The change in law made by this Act applies to the |
|
storage of evidence in the possession of the state during a criminal |
|
proceeding that commences on or after January 1, 2010. The storage |
|
of evidence in the possession of the state during a criminal |
|
proceeding that commences before January 1, 2010, is covered by the |
|
law in effect when the proceeding commenced, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 5. This Act does not make an appropriation. A |
|
provision in this Act that creates a new governmental program, |
|
creates a new entitlement, or imposes a new duty on a governmental |
|
entity is not mandatory during a fiscal period for which the |
|
legislature has not made a specific appropriation to implement the |
|
provision. |
|
SECTION 6. This Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3594 was passed by the House on May |
|
14, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3594 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3594 was passed by the Senate, with |
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |