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 Texas Statutes (Last Updated: January 4, 2014)
 GOVERNMENT CODE
 Title 4. EXECUTIVE BRANCH
 Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION
 Chapter 420. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES  
 Subchapter B. COLLECTION AND PRESERVATION OF EVIDENCE OF SEX OFFENSE  

Sec. 420.031. EVIDENCE COLLECTION PROTOCOL; KITS    

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  • (a) The service shall develop and distribute to law enforcement agencies and proper medical personnel an evidence collection protocol that shall include collection procedures and a list of requirements for the contents of an evidence collection kit for use in the collection and preservation of evidence of a sexual assault or other sex offense. Medical or law enforcement personnel collecting evidence of a sexual assault or other sex offense shall use a service-approved evidence collection kit and protocol.

    (b) An evidence collection kit must contain the following items:

    (1) items to collect and preserve evidence of a sexual assault or other sex offense; and

    (2) other items recommended by the Evidence Collection Protocol Advisory Committee of the attorney general and determined necessary for the kit by the attorney general.

    (c) In developing evidence collection procedures and requirements, the service shall consult with individuals and organizations having knowledge and experience in the issues of sexual assault and other sex offenses.

    (d) A law enforcement agency that requests a medical examination of a victim of an alleged sexual assault or other sex offense for use in the investigation or prosecution of the offense shall pay the costs of the evidence collection kit. This subsection does not require a law enforcement agency to pay any costs of treatment for injuries.

    (e) Evidence collected under this section may not be released unless a signed, written consent to release the evidence is obtained as provided by Section 420.0735.

    (f) Failure to comply with evidence collection procedures or requirements adopted under this section does not affect the admissibility of the evidence in a trial of the offense.

Added by Acts 1991, 72nd Leg., ch. 143, Sec. 1, eff. Aug. 26, 1991. Renumbered from Health and Safety Code Sec. 44.031 and amended by Acts 1997, 75th Leg., ch. 784, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1105 , Sec. 3, eff. September 1, 2011.