Sec. 420.003. DEFINITIONS    


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  • In this chapter:

    (1) "Accredited crime laboratory" means a crime laboratory, as that term is defined by Article 38.35, Code of Criminal Procedure, that has been accredited under Section 411.0205.

    (1-a) "Active criminal case" means a case:

    (A) in which:

    (i) a sexual assault has been reported to a law enforcement agency; and

    (ii) physical evidence of the assault has been submitted to the agency or an accredited crime laboratory under this chapter for analysis; and

    (B) for which:

    (i) the statute of limitations has not run with respect to the prosecution of the sexual assault; or

    (ii) a DNA profile was obtained that is eligible under Section 420.043 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.

    (2) "Program" means a sexual assault program.

    (3) "Service" means the Sexual Assault Prevention and Crisis Service.

    (4) "Sexual assault" means any act or attempted act as described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.

    (5) "Sexual assault examiner" means a person who uses a service-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 a service-approved examiner training course described by Section 420.011 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 established by this chapter.

    (8) "Survivor" means an individual who is a victim of a sexual assault, 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 , Sec. 3.35, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 175 , Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1105 , Sec. 2, eff. September 1, 2011.