Tex. Gov't Code Section 420.035
Evidence Release


(a)

If a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence as provided by Section 420.0735 (Consent for Release of Certain Evidence), the facility or entity shall:

(1)

promptly notify any law enforcement agency investigating the offense; and

(2)

not later than two business days after the date the examination is performed, enter the identification number of the evidence collection kit into the statewide electronic tracking system under Section 420.034 (Statewide Electronic Tracking System).

(b)

Except as provided by Subsection (c), a law enforcement agency that receives notice from a health care facility or other entity under Subsection (a) shall take possession of the evidence not later than the seventh day after the date the law enforcement agency receives notice.

(c)

A law enforcement agency that receives notice from a health care facility or other entity that is located more than 100 miles from the law enforcement agency shall take possession of the evidence not later than the 14th day after the date the law enforcement agency receives notice.

(d)

Failure to comply with evidence collection procedures or requirements under this section does not affect the admissibility of the evidence in a trial of the offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 7, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 14, eff. September 1, 2021.

Source: Section 420.035 — Evidence Release, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­420.­htm#420.­035 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 420.035’s source at texas​.gov