Bill Text: TX SB335 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to retention and preservation of toxicological evidence of certain intoxication offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-13 - Filed [SB335 Detail]

Download: Texas-2021-SB335-Introduced.html
  87R2350 JSC-F
 
  By: Johnson S.B. No. 335
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to retention and preservation of toxicological evidence of
  certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 38.50, Code of Criminal Procedure, is
  amended by amending Subsections (d) and (e) and adding Subsections
  (d-1) and (d-2) to read as follows:
         (d)  For each offense subject to this article, the court
  shall determine as soon as practicable the appropriate retention
  and preservation period for the toxicological evidence under
  Subsection (c)(2) or (3), as applicable, [(c)] and notify the
  defendant or the child or child's guardian and the entity or
  individual charged with storage of the toxicological evidence of
  the period for which the evidence is to be retained and preserved.  
  If an action of the prosecutor or the court changes the applicable
  period under Subsection (c)(2) or (3) [(c)], the court shall notify
  the persons described by this subsection about the change.
         (d-1)  For each offense subject to this article for which the
  appropriate retention and preservation period under Subsection
  (c)(2) or (3) expires before delivery of the notice required by
  Subsection (d), the court shall, as soon as practicable, notify the
  defendant or the child or child's guardian and the entity or
  individual charged with storage of the toxicological evidence that
  the applicable period under Subsection (c)(2) or (3) has expired.
         (d-2)  Notice to parties under Subsection (d) or (d-1) must
  be given by:
               (1)  mailing notice by first class mail addressed to
  the individual or entity at the last known mailing address in the
  records of the court;
               (2)  sending notice electronically to the last known
  e-mail address in the records of the court; or
               (3)  hand delivery.
         (e)  The entity or individual charged with storing
  toxicological evidence may destroy the evidence on expiration of
  the period:
               (1)  described by Subsection (c)(1); or
               (2)  provided by the notice most recently issued by the
  court under Subsection (d) or (d-1).
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies only to evidence
  for which the appropriate retention and preservation period under
  Article 38.50, Code of Criminal Procedure, as amended by this Act,
  expires on or after the effective date of this Act. Evidence for
  which the appropriate retention and preservation period expired
  before the effective date of this Act is governed by the law in
  effect on the date of expiration of that period, and the former law
  is continued in effect for that purpose.
         (b)  If the appropriate retention and preservation period
  under Article 38.50(c)(2) or (3), Code of Criminal Procedure, as
  applicable, has expired with respect to evidence held in storage on
  the effective date of this Act, and notice regarding that evidence
  has not yet been given under Article 38.50(d), Code of Criminal
  Procedure, as that subsection existed immediately before the
  effective date of this Act, the court shall provide the notice
  required by Article 38.50(d-1), Code of Criminal Procedure, as
  added by this Act, not later than December 1, 2021.
         SECTION 3.  This Act takes effect September 1, 2021.
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