Bill Text: TX HB615 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the destruction of certain biological evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to Homeland Security & Public Safety [HB615 Detail]
Download: Texas-2019-HB615-Introduced.html
86R3393 AJZ-D | ||
By: Neave | H.B. No. 615 |
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relating to the destruction of certain biological evidence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 38.43, Code of Criminal Procedure, is | ||
amended by amending Subsection (d) and adding Subsection (d-1) to | ||
read as follows: | ||
(d) Subject to Subsection (d-1), the [ |
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representing the state, clerk, or other officer in possession of | ||
biological evidence described by Subsection (a) may destroy the | ||
evidence, but only if the attorney, clerk, or officer by mail | ||
notifies the defendant, the last attorney of record for the | ||
defendant, and the convicting court of the decision to destroy the | ||
evidence and a written objection is not received by the attorney, | ||
clerk, or officer from the defendant, attorney of record, or court | ||
before the 91st day after the later of the following dates: | ||
(1) the date on which the attorney representing the | ||
state, clerk, or other officer receives proof that the defendant | ||
received notice of the planned destruction of evidence; or | ||
(2) the date on which notice of the planned | ||
destruction of evidence is mailed to the last attorney of record for | ||
the defendant. | ||
(d-1) In addition to the notification required by | ||
Subsection (d), the attorney representing the state, clerk, or | ||
other officer in possession of a sexual assault examination kit may | ||
destroy the contents of the sexual assault examination kit, but | ||
only if the attorney, clerk, or officer by mail notifies the victim | ||
of the offense of the decision to destroy the contents of the kit | ||
and a written objection is not received by the attorney, clerk, or | ||
officer from the victim before the 91st day after the date on which | ||
the attorney, clerk, or officer receives proof that the victim | ||
received notice of the planned destruction of the contents of the | ||
kit. | ||
SECTION 2. The change in law made by this Act to Article | ||
38.43, Code of Criminal Procedure, applies only to biological | ||
evidence destroyed on or after the effective date of this Act. | ||
Biological evidence destroyed before the effective date of this Act | ||
is governed by the law that was in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |