Tex.
Code of Crim. Proc. Article 56A.306
Procedures for Transfer and Preservation of Evidence
(a)
The department, consistent with Chapter 420 (Sexual Assault Prevention and Crisis Services), Government Code, shall develop procedures for the transfer and preservation of evidence collected during a forensic medical examination for a sexual assault that was not reported to a law enforcement agency, including procedures for:(1)
the transfer of the evidence to a crime laboratory or other suitable location designated by the public safety director of the department;(2)
the preservation of the evidence by the entity receiving the evidence; and(3)
the notification of the victim of the offense through the statewide electronic tracking system before a planned destruction of evidence under this article.(a-1)
The transfer and preservation of evidence collected during a forensic medical examination for a reported sexual assault must comply with the procedures under Sections 420.035 (Evidence Release)(b) and (c) and 420.042 (Analysis of Evidence)(a), Government Code.(b)
Subject to Subsection (c), an entity receiving evidence collected during a forensic medical examination as described by this subchapter shall preserve the evidence until the earlier of:(1)
the fifth anniversary of the date on which the evidence was collected; or(2)
the date on which written consent to release the evidence is obtained as provided by Section 420.0735 (Consent for Release of Certain Evidence), Government Code.(c)
An entity receiving evidence collected during a forensic medical examination as described by this subchapter may destroy the evidence on the expiration of the entity’s duty to preserve the evidence under Subsection (b)(1) only if notice of the planned destruction is entered into the statewide electronic tracking system and an objection is not received by the entity from the victim before the 91st day after the date on which the entity entered the notice of the planned destruction of the evidence into the tracking system.(d)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 25(2), eff. September 1, 2023.
Source:
Article 56A.306 — Procedures for Transfer and Preservation of Evidence, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56A.htm#56A.306 (accessed Apr. 13, 2024).
