Texas Statutes
Subchapter G. Forensic Medical Examination of Sexual Assault Victim Not Reporting Assault
Article 56A.306. Procedures for Transfer and Preservation of Evidence

(1) the transfer of evidence collected under this subchapter 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 before a planned destruction of evidence under this article.
(b) Subject to Subsection (c), an entity receiving evidence described by Subsection (a) 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 described by Subsection (a) may destroy the evidence on the expiration of the entity's duty to preserve the evidence under Subsection (b)(1) only if:
(1) the entity provides written notification to the victim of the offense, in a trauma-informed manner, of the decision to destroy the evidence that includes:
(A) detailed instructions on how the victim may make a written objection to the decision, including contact information for the entity; or
(B) a standard form for the victim to complete and return to the entity to make a written objection to the decision; and
(2) a written objection is not received by the entity from the victim before the 91st day after the date on which the entity notifies the victim of the planned destruction of the evidence.
(d) The entity shall document the entity's attempt to notify the victim under Subsection (c).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.013(a), eff. September 1, 2021.