This section requires written consent signed by the specified person before evidence in an evidence collection kit can be released, and it limits how that evidence may later be disclosed.
Sec. 420.0735. CONSENT FOR RELEASE OF CERTAIN EVIDENCE. (a) Consent for the release of evidence contained in an evidence collection kit must be in writing and signed by: (1) the survivor, if the survivor is 14 years of age or older; (2) the survivor's parent or guardian or an employee of the Department of Family and Protective Services, if the survivor is younger than 14 years of age; or (3) the survivor's personal representative, if the survivor is deceased. (b) For purposes of Subsection (a)(1), a written consent signed by an adult survivor with a guardian appointed under Title 3, Estates Code, is effective regardless of whether the adult survivor's guardian, guardian ad litem, or other legal agent signs the release. If the adult survivor with an appointed guardian agrees to the release but is unable to provide a signature and the guardian, guardian ad litem, or other legal agent is unavailable or declines to sign the release, then the investigating law enforcement officer may sign the release. (c) Consent for release under Subsection (a) applies only to evidence contained in an evidence collection kit and does not affect the confidentiality of any other confidential information under this chapter. (d) The written consent must specify: (1) the evidence covered by the release; (2) the reason or purpose for the release; and (3) the person to whom the evidence is to be released. (e) A survivor or other person authorized to consent may withdraw consent to the release of evidence by submitting a written notice of withdrawal to the person or sexual assault program to which consent was provided. Withdrawal of consent does not affect evidence disclosed before the date written notice of the withdrawal was received. (f) A person who receives evidence made confidential by this chapter may not disclose the evidence except to the extent that disclosure is consistent with the authorized purposes for which the person obtained the evidence. (g) The reason or purpose for the release of evidence described by Subsection (d)(2) may be limited to permit only the acts of forensic DNA testing by the department in the manner provided by Section 420.0736, regardless of whether a report of the applicable offense is made to a law enforcement agency. Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 9, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 16, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.038, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1329 (H.B. 4531), Sec. 5, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 5, eff. September 1, 2025.