Section 56A.306 - Procedures for Transfer and Preservation of Evidence(a) The department, consistent with Chapter 420, 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(b) and (c) and 420.042(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, 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.
Tex. Code Crim. Proc. § 56A.306
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 206,Sec. 25, eff. 9/1/2023, app. only to evidence of a sexual assault or other sex offense collected during a forensic medical examination conducted on or after September 1, 2019.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 206,Sec. 9, eff. 9/1/2023, app. only to a sexual assault or other sex offense that is first reported or for which medical care is first sought on or after the effective date of this Act.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 915,Sec. 4.013, eff. 9/1/2021.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.05, eff. 1/1/2021.