The full and complete January 4, 2024, official online response to me by the Austin (TX) Police Department (APD) on my November 14, 2023, online Public Information Request to APD

 On 1/4/2024 12:00:09 PM, Austin Public Records Center wrote:

Subject: [Austin Public Records Center] :: R118544-111423

Body:

Re: Public Information Request of November 14, 2023, Reference # R118544-111423;

Dear Mr. John Kevin McMillan,

The Austin Police Department received a Public Information request from you on November 14, 2023, to request copies of records pertaining to the following:

“(1) A copy of one currently applicable document or record or policy on file with the Austin (TX) Police Department (APD) that specifically states the circumstances in which, or criteria that have to be met for, state law in Texas, federal law, an ordinance of the City of Austin, an APD policy, or an ordinance of Travis County Government to require full multi-month retroactive forensic DNA-evidence tracing for the maximum possible retroactive tracing period of 180 days or longer on the entire contents of a Sexual Assault Forensic Evidence kit---either a kit that had been obtained from a self-identified rape victim in Austin who stated to APD that he or she wanted to press criminal-law charges, or a kit that had been obtained from a suspected rapist.

"(2) A copy of a currently applicable document or record or currently applicable policy on file with APD that states the specific criteria that have to be met for APD to classify or re-classify an alleged Home-Invasion Sexual Assault Crimes case as a CONTlNUOUS Home-Invasion Sex Crimes case, or that states the specific criteria that have to be met for APD to classify or re-classify a Sexual Assault Crime case as a CONTINUOUS Sex Crimes case.

"(3) A copy of a current document on file with APD which cites the criteria that have to be met for a crime case to be either classified or re-classified with some type of specific wording or terminology as a "Somnophilia" or "Somnophiliac" Sexual Assault case ---- an alleged Sexual Assault case in which the victim was held unconscious throughout or was asleep throughout or was unconscious throughout that alleged sex crime.”

The City of Austin has responsive information for your request.  Please log in to the Open Records Center at the following link to download the responsive records. 

Austin Police Department - R118544-111423

Please be advised the website only allows for two downloads of your files, once you have opened your files please save a copy for your records.

(1) A copy of  one currently applicable document or record or policy on file with the Austin (TX) Police Department (APD) that specifically states the circumstances in which, or criteria that have to be met for, state law in Texas, federal law, an ordinance of the  City of Austin, an APD policy,  or an ordinance of  Travis County Government to require full multi-month retroactive forensic DNA-evidence tracing for the maximum possible retroactive tracing period of 180 days or longer  on the entire contents of a  Sexual Assault Forensic Evidence kit---either a kit that had been obtained from a self-identified  rape victim in Austin who stated to APD that he or she wanted to press criminal-law charges, or a kit that had been obtained from a suspected  rapist. 

 "That information is in Texas Government Code 420.042."

(2) A copy of a currently applicable document or record or currently applicable policy on file with APD that states the specific criteria that have to be met for APD to classify or re-classify an alleged Home-Invasion Sexual Assault Crimes case as a CONTlNUOUS Home-Invasion Sex Crimes case, or that states the specific criteria that have to be met for APD to classify or re-classify a Sexual Assault Crime case as a CONTINUOUS Sex Crimes case. 

"This does not exist in any of our policies."

(3) A copy of a current document on file with APD which cites the criteria that have to be met for a crime case to be either classified or re-classified with some type of specific wording  or terminology as a "Somnophilia" or "Somnophiliac" Sexual Assault case  ---- an alleged Sexual Assault case in which the victim was held unconscious throughout  or was asleep throughout or was unconscious throughout that alleged sex crime.  

"This does not exist in any of our policies."

Thank you for contacting the City of Austin.

Open Records Unit

Austin Police Department