680.6.
(a) It is the intent of the Legislature that the Department of Justice modernize sexual assault evidence supply chain tracking and maintain a statewide sexual assault kit tracking system.(b) The Department of Justice shall create a statewide sexual assault kit tracking system that shall accomplish all of the following goals:
(1) The system shall be designed to allow the tracking of the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage after completion of
analysis.
(2) The system shall allow qualified health care providers performing sexual assault forensic examinations, law enforcement agencies, prosecutors, crime laboratories, and other entities in the custody of sexual assault kits to update the status and location of sexual assault kits.
(3) (A) The system shall allow victims of sexual assault to anonymously track or receive updates regarding the status and location of their sexual assault kits, and use electronic technology or technologies allowing continuous access.
(B) Survivors shall be given unique login information to access the status and location of their sexual assault kit at the discretion of the appropriate qualified health care provider or law enforcement agency personnel.
(4) Destruction of a sexual assault kit shall be documented in the system.
(5) Tracking shall begin when a sexual assault evidence kit is initially entered into the tracking system.
(6) Sexual assault kits not bearing a tracking system unique identifier, located at hospitals and law enforcement agencies, shall be provided a unique identifier. The identifier shall be affixed to the sexual assault kit and entered for use by the tracking system.
(7) To ensure proper tracking of the sexual assault evidence kits, the affixed unique identifier shall be readable.
(8) The tracking system shall not provide historical data for existing sexual assault kits prior to the initial entry.
(c) (1) The department may use a phased implementation process in order to launch the system and facilitate entry and use of the system for required participants. The department may phase initial participation according to region, volume, or other appropriate classifications. All entities in the custody of sexual assault kits shall fully participate in the system no later than July 1, 2023.
(2) The department shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the Legislature on or before July 1, 2021.
(3) A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(d) Subdivision (b) does not require the tracking system to provide real-time
location data or to record when kits leave a destination. Kits shall be entered into the tracking system upon arrival at their intended destination.
(e) It is the intent of the Legislature that the use of the tracking system shall not alter the existing chain of custody systems, processes, procedures, rules, regulations, or legal requirements of any participating entity.
(f) It is the intent of the Legislature that this section does not provide grounds to challenge the admissibility of DNA evidence in court proceedings. Nothing in this section is intended to create a private right of action or claim on the part of any individual, entity, or agency against any city, county, or state law enforcement agency.
(g) It is further the intent of the Legislature that the department integrate the electronic sexual assault reporting form and the tracking database
to provide a report to qualified health care providers with data on the following:
(1) The number of hits that were generated from the examination performed by a given qualified health care provider.
(2) The number of hits generated by a given specimen type.
(3) The number of hits generated by a given location from which the specimen was collected.
(4) The number of hits that were matched to an individual in CODIS.
(5) The number of hits that were matched to an anonymous serial profile in CODIS.