Texas Statutes
Subchapter B. Collection, Preservation, and Tracking of Evidence of Sex Offense
Section 420.035. Evidence Release

Sec. 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, 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.
(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.

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