Bill Text: TX SB1439 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to evidence technician training and the disposition of certain evidence in a criminal case.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1439 Detail]
Download: Texas-2013-SB1439-Engrossed.html
By: West | S.B. No. 1439 |
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relating to evidence technician training and the disposition of | ||
certain evidence in a criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (b), (c), and (d), Article 2.21, | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(b) At any time during or after a criminal proceeding, the | ||
court reporter shall release for safekeeping any biological | ||
evidence, firearm, or contraband received as an exhibit in that | ||
proceeding to: | ||
(1) the sheriff; or | ||
(2) in a county with a population of 500,000 or more, | ||
the law enforcement agency that collected, seized, or took | ||
possession of the biological evidence, firearm, or contraband or | ||
produced the biological evidence, firearm, or contraband at the | ||
proceeding. | ||
(c) The sheriff or the law enforcement agency, as | ||
applicable, shall receive and hold the exhibits consisting of | ||
biological evidence, firearms, or contraband and release them only | ||
to the person or persons authorized by the court in which such | ||
exhibits have been received or dispose of them as provided by | ||
Chapter 18. | ||
(d) In this article: | ||
(1) "Biological evidence" has the meaning assigned by | ||
Article 38.43. | ||
(2) "Eligible[ |
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filed with the clerk that: | ||
(A) [ |
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or contraband; | ||
(B) [ |
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returned to its owner; and | ||
(C) [ |
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criminal action. | ||
SECTION 2. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Article 38.48 to read as follows: | ||
Art. 38.48. DISPOSITION OF PHYSICAL EVIDENCE RELATED TO | ||
MISDEMEANOR OFFENSE. (a) This article applies to physical | ||
evidence, including blood, that is seized in connection with the | ||
investigation of a misdemeanor offense. | ||
(b) Except as otherwise provided by this chapter, a law | ||
enforcement agency that is in possession of evidence described by | ||
Subsection (a), not later than the 30th day after the date on which | ||
a conviction becomes final in a misdemeanor case, shall file with | ||
the court in which the offense was prosecuted or any magistrate a | ||
motion requesting the authority to dispose of the evidence. | ||
SECTION 3. Subtitle B, Title 4, Government Code, is amended | ||
by adding Chapter 412 to read as follows: | ||
CHAPTER 412. PROPERTY AND EVIDENCE | ||
Sec. 412.001. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of Public Safety | ||
of the State of Texas. | ||
(2) "Evidence" means any item that tends to prove or | ||
disprove that a criminal act occurred or that can prove or disprove | ||
guilt or innocence. | ||
(3) "Evidence technician" means a person employed by | ||
or serving a law enforcement agency who receives, preserves, | ||
stores, disposes of, and accounts for property or evidence that | ||
comes into the agency's possession. The term includes a property | ||
control officer, property attendant, or property specialist. | ||
(4) "Extension service" means the Texas A&M | ||
Engineering Extension Service. | ||
(5) "Property" means an item that is placed in a law | ||
enforcement agency's property room that does not have evidentiary | ||
value or is not related to or alleged to be related to any criminal | ||
act. | ||
Sec. 412.002. EVIDENCE TECHNICIAN TRAINING PROGRAM. | ||
(a) The department and the extension service shall jointly | ||
establish minimum requirements for evidence technician training | ||
programs. An evidence technician training program must consist of | ||
at least eight hours of training. | ||
(b) The department shall adopt rules for accrediting an | ||
evidence technician training program that meets the minimum | ||
requirements established under Subsection (a). | ||
Sec. 412.003. TRAINING REQUIRED. (a) This state or a | ||
political subdivision of this state may not appoint or employ a | ||
person to act as an evidence technician unless the person has | ||
completed an accredited evidence technician training program. | ||
(b) The department shall issue a written acknowledgment of | ||
satisfactory completion of an accredited evidence technician | ||
training program to a person who submits evidence of satisfactory | ||
completion to the department. | ||
(c) Notwithstanding Subsection (a), a person who has not | ||
completed an accredited evidence technician training program may | ||
act as an evidence technician on a temporary or probationary basis | ||
or may perform the duties of an evidence technician in an emergency. | ||
(d) A person appointed or employed on a temporary or | ||
probationary basis may not continue to serve as an evidence | ||
technician after the first anniversary of the date the person is | ||
appointed or employed unless the person has completed an accredited | ||
evidence technician training program or the agency appointing or | ||
employing the person has received permission from the department | ||
for the person to continue to serve on a temporary or probationary | ||
basis without completion of a training program. | ||
SECTION 4. A person serving, other than on a temporary or | ||
probationary basis, as an evidence technician as defined by Section | ||
412.001, Government Code, as added by this Act, on August 31, 2013, | ||
may continue to serve as an evidence technician without completing | ||
an accredited evidence technician training program as required by | ||
Section 412.003, Government Code, as added by this Act. | ||
SECTION 5. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2013. | ||
(b) Section 412.003, Government Code, as added by this Act, | ||
takes effect January 1, 2014. |