Bill Text: TX SB529 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to retention and preservation of toxicological evidence of certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Jurisprudence [SB529 Detail]
Download: Texas-2021-SB529-Introduced.html
By: Huffman | S.B. No. 529 | |
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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 (c) and (d), amending and | ||
renumbering Subsection (e), renumbering Subsection (f), and adding | ||
Subsections (e) and (g) to read as follows: | ||
(c) An entity or individual described by Subsection (b) | ||
shall ensure that toxicological evidence collected pursuant to an | ||
investigation or prosecution of an offense under Chapter 49, Penal | ||
Code, is retained and preserved, as applicable: | ||
(1) for the greater of two years or the period of the | ||
statute of limitations for the offense, if the indictment or | ||
information charging the defendant, or the petition in a juvenile | ||
proceeding, has not been presented or has been dismissed without | ||
prejudice; | ||
(2) for the duration of a defendant's sentence or term | ||
of community supervision, as applicable, if the defendant is | ||
convicted or placed on community supervision, or for the duration | ||
of the commitment or supervision period applicable to the | ||
disposition of a juvenile adjudicated as having engaged in | ||
delinquent conduct or conduct indicating a need for supervision; or | ||
(3) until the defendant is acquitted or the indictment | ||
or information is dismissed with prejudice, or, in a juvenile | ||
proceeding, until a hearing is held and the court does not find the | ||
child engaged in delinquent conduct or conduct indicating a need | ||
for supervision. | ||
(d) [ |
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was collected must be notified of the periods for which the evidence | ||
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(1) an entity or individual described by subsection | ||
(b) that collects the evidence, if the entity or individual | ||
collected the evidence directly from the person or collected it | ||
from a third party; or | ||
(2) the court, if the records of the court do not show | ||
that the person was not given notice by (d)(1) and the toxicological | ||
evidence is subject to the retention period under Subsection (c)(2) | ||
or (c)(3). | ||
(e) Notice given under this article must be given in | ||
writing, as soon as practicable, by hand delivery, by electronic | ||
mail or first class mail to the person's last know email or mailing | ||
address, or by provision of the information required by section | ||
724.015, Transportation Code. | ||
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accordance with this article, the [ |
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charged with storing toxicological evidence may destroy the | ||
evidence on expiration of the applicable retention period provided | ||
by [ |
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(g) If the toxicological evidence is subject to the | ||
retention period under Subsection (c)(2) or (c)(3), the entity or | ||
individual charged with storing toxicological evidence may not | ||
destroy the evidence without written approval of the prosecutor's | ||
office that presented the indictment, information, or petition. | ||
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and Article 2.21 or 38.43, this article controls. | ||
SECTION 2. Section 724.015, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE | ||
REQUESTING SPECIMEN; STATEMENT OF CONSENT. (a) Before requesting a | ||
person to submit to the taking of a specimen, the officer shall | ||
inform the person orally and in writing that: | ||
(1) if the person refuses to submit to the taking of | ||
the specimen, that refusal may be admissible in a subsequent | ||
prosecution; | ||
(2) if the person refuses to submit to the taking of | ||
the specimen, the person's license to operate a motor vehicle will | ||
be automatically suspended, whether or not the person is | ||
subsequently prosecuted as a result of the arrest, for not less than | ||
180 days; | ||
(3) if the person refuses to submit to the taking of a | ||
specimen, the officer may apply for a warrant authorizing a | ||
specimen to be taken from the person; | ||
(4) if the person submits to the taking of a blood | ||
specimen, the specimen will be retained and preserved in accordance | ||
with preservation requirements set out in article 38.50, Code of | ||
Criminal Procedure; | ||
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to the taking of a specimen designated by the officer and an | ||
analysis of the specimen shows the person had an alcohol | ||
concentration of a level specified by Chapter 49, Penal Code, the | ||
person's license to operate a motor vehicle will be automatically | ||
suspended for not less than 90 days, whether or not the person is | ||
subsequently prosecuted as a result of the arrest; | ||
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any detectable amount of alcohol in the person's system, the | ||
person's license to operate a motor vehicle will be automatically | ||
suspended for not less than 60 days even if the person submits to | ||
the taking of the specimen, but that if the person submits to the | ||
taking of the specimen and an analysis of the specimen shows that | ||
the person had an alcohol concentration less than the level | ||
specified by Chapter 49, Penal Code, the person may be subject to | ||
criminal penalties less severe than those provided under that | ||
chapter; | ||
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resident without a license to operate a motor vehicle in this state, | ||
the department will deny to the person the issuance of a license, | ||
whether or not the person is subsequently prosecuted as a result of | ||
the arrest, under the same conditions and for the same periods that | ||
would have applied to a revocation of the person 's driver's license | ||
if the person had held a driver's license issued by this state; and | ||
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or denial if, not later than the 15th day after the date on which the | ||
person receives the notice of suspension or denial or on which the | ||
person is considered to have received the notice by mail as provided | ||
by law, the department receives, at its headquarters in Austin, a | ||
written demand, including a facsimile transmission, or a request in | ||
another form prescribed by the department for the hearing. | ||
(b) If a person consents to the request of an officer to | ||
submit to the taking of a specimen, the officer shall request the | ||
person to sign a statement that: | ||
(1) the officer requested that the person submit to | ||
the taking of a specimen; | ||
(2) the person was informed of the consequences of not | ||
submitting to the taking of a specimen; and | ||
(3) the person voluntarily consented to the taking of | ||
a specimen. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, the change in law made by Section 1 of 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. | ||
(c) The change in law made by Section 2 of this Act applies | ||
only to the request for the taking of a breath or blood specimen to | ||
test for intoxication that occurs on or after the effective date of | ||
this Act. The request for the taking of a specimen that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the specimen was requested, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |