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�	H.B.�No.�3594

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�	AN ACT
�	relating to the preservation of evidence that contains biological
�	material.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Article 38.43, Code of Criminal Procedure, is
�	amended by adding Subsection (f) to read as follows:
�	�������(f)(1)��This subsection applies only to evidence described
�	by Subsection (b) that was used to prosecute and convict a defendant
�	of an offense under Chapter 19, 21, or 22, Penal Code, if on
�	conviction of the offense the defendant was sentenced to a term of
�	imprisonment of 10 years or more.
�	�������������(2)��In a county with a population less than 100,000,
�	the attorney representing the state, clerk, or other officer in
�	possession of any evidence to which this subsection applies shall
�	ensure the preservation of the evidence by promptly delivering the
�	evidence to the Department of Public Safety for storage in
�	accordance with Section 411.052, Government Code, and department
�	rules.
�	�������SECTION�2.��Subchapter D, Chapter 411, Government Code, is
�	amended by adding Section 411.052 to read as follows:
�	�������Sec.�411.052.��PRESERVATION OF EVIDENCE CONTAINING
�	BIOLOGICAL MATERIAL. �(a) �The department:
�	�������������(1)��shall maintain a storage space for the
�	preservation of evidence containing biological material that is
�	delivered to the department under Article 38.43(f), Code of
�	Criminal Procedure; and
�	�������������(2)��may maintain a storage space for the preservation
�	of evidence of a sexual assault or other sex offense.
�	�������(b)��The department shall adopt rules relating to the
�	delivery, cataloging, and preservation of evidence stored under
�	this section.
�	�������SECTION�3.��(a) �The Department of Public Safety of the State
�	of Texas shall adopt rules as required by Section 411.052(b),
�	Government Code, as added by this Act, not later than November 1,
�	2009.
�	�������(b)��The Department of Public Safety of the State of Texas
�	must begin accepting evidence delivered to the department in
�	accordance with Article 38.43, Code of Criminal Procedure, as
�	amended by this Act, and Section 411.052, Government Code, as added
�	by this Act, on January 1, 2010.
�	�������SECTION�4.��The change in law made by this Act applies to the
�	storage of evidence in the possession of the state during a criminal
�	proceeding that commences on or after January 1, 2010. �The storage
�	of evidence in the possession of the state during a criminal
�	proceeding that commences before January 1, 2010, is covered by the
�	law in effect when the proceeding commenced, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�5.��This Act does not make an appropriation. �A
�	provision in this Act that creates a new governmental program,
�	creates a new entitlement, or imposes a new duty on a governmental
�	entity is not mandatory during a fiscal period for which the
�	legislature has not made a specific appropriation to implement the
�	provision.
�	�������SECTION�6.��This Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 3594 was passed by the House on May
�	14, 2009, by the following vote:��Yeas 142, Nays 0, 1 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 3594 on May 29, 2009, by the following vote:��Yeas 143, Nays 0,
�	2 present, not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	�������I certify that H.B. No. 3594 was passed by the Senate, with
�	amendments, on May 27, 2009, by the following vote:��Yeas 31, Nays
�	0.
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�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
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�	�������� __________________
�	��������������Governor�������