Texas Government Code 420.031 – Evidence Collection Protocol; Kits
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(a) The attorney general 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 an attorney general-approved evidence collection kit and protocol.
(b) An evidence collection kit must contain items to collect and preserve evidence of a sexual assault or other sex offense and other items determined necessary for the kit by the attorney general.
Terms Used In Texas Government Code 420.031
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In developing the evidence collection kit and protocol, the attorney general shall consult with the individuals and organizations listed in § 420.012.
(d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1037 (H.B. 616), Sec. 8(3), eff. September 1, 2019.
(e) Evidence collected under this section may not be released unless a signed, written consent to release the evidence is obtained as provided by § 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.