Tex. Gov't Code Section 420.003
Definitions


In this chapter:

(1)

“Accredited crime laboratory” means a crime laboratory, as that term is defined by Article 38.35 (Forensic Analysis of Evidence; Admissibility), Code of Criminal Procedure, that has been accredited under Article 38.01 of that code.

(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;
(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 (Database Comparison Required) for comparison with DNA profiles in the state database or CODIS DNA database.

(1-b)

“Advocate” means a person who provides advocacy services as an employee or volunteer of a sexual assault program.

(1-c)

“Department” means the Department of Public Safety of the State of Texas.

(1-d)

“Law enforcement agency” means a state or local law enforcement agency in this state with jurisdiction over the investigation of a sexual assault or other sex offense.

(1-e)

“Minimum services” means:

(A)

a 24-hour crisis hotline;

(B)

crisis intervention;

(C)

public education;

(D)

advocacy; and

(E)

accompaniment to hospitals, law enforcement offices, prosecutors’ offices, and courts.

(2)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1173, Sec. 17, eff. September 1, 2013.

(3)

“Sex offense” means an offense under Chapter 21 (Sexual Offenses), Penal Code, for which biological evidence is collected in an evidence collection kit.

(4)

“Sexual assault” means any act or attempted act as described by Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct), Penal Code.

(5)

“Sexual assault examiner” means a person who uses an attorney general-approved evidence collection kit and protocol to collect and preserve evidence of a sexual assault or other sex offense.

(6)

“Sexual assault nurse examiner” means a registered nurse who has completed an attorney general-approved examiner training course described by Section 420.011 (Certification by Attorney General; Rules) and who is certified according to minimum standards prescribed by attorney general rule.

(7)

“Sexual assault program” means any local public or private nonprofit corporation, independent of a law enforcement agency or prosecutor’s office, that is operated as an independent program or as part of a municipal, county, or state agency and that provides the minimum services to adult survivors of stranger and non-stranger sexual assault.

(7-a)

“State sexual assault coalition” means a statewide nonprofit organization that has been identified as a state sexual assault coalition by a state or federal agency authorized to make that designation.

(8)

“Survivor” means an individual who is a victim of a sexual assault or other sex offense, regardless of whether a report or conviction is made in the incident.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 13, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 775, Sec. 1, eff. Sept. 1, 1997. Renumbered from Health and Safety Code Sec. 44.003 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.08, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.35, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 175 (S.B. 533), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 17, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 13, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 11, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 8, eff. September 1, 2021.

Source: Section 420.003 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­420.­htm#420.­003 (accessed Apr. 20, 2024).

420.001
Short Title
420.002
Purpose
420.003
Definitions
420.004
Administration of Program
420.005
Grants
420.006
Special Projects
420.007
Funding
420.008
Sexual Assault Program Fund
420.009
Report
420.010
Confidentiality
420.011
Certification by Attorney General
420.012
Consultations
420.013
Deposit by Comptroller
420.014
Attorney General Supervision of Collection of Costs
420.015
Assessment of Sexually Oriented Business Regulations
420.031
Evidence Collection Protocol
420.032
Photo Documentation Required for Child Victims in Certain Counties
420.033
Chain of Custody
420.034
Statewide Electronic Tracking System
420.035
Evidence Release
420.036
Duty to Enter Certain Information into Violent Criminal Apprehension Program Database
420.041
Applicability of Subchapter
420.042
Analysis of Evidence
420.043
Database Comparison Required
420.044
Grant Funds
420.046
Noncompliance
420.051
Advocates for Survivors of Sexual Assault
420.071
Confidential Communications and Records
420.072
Disclosure of Confidential Communication or Record
420.073
Consent for Release of Certain Confidential Information
420.074
Disclosure of Privileged Communications or Other Information in Criminal Proceeding
420.075
Offense
420.101
Definitions
420.102
Establishment of Center
420.103
Powers of Center
420.104
Operation Protocols Required
420.105
Authorized Contracts
420.106
Funding
420.107
Consultation Required
420.108
Rules
420.0431
Duties Following Database Dna Match
420.0432
Survivor Notification Concerning Database Dna Match
420.0735
Consent for Release of Certain Evidence

Accessed:
Apr. 20, 2024

§ 420.003’s source at texas​.gov