Bill Text: TX SB780 | 2015-2016 | 84th Legislature | Comm Sub

Texas Senate Bill 780 (Prior Session Legislation)

Bill Title: Relating to the preservation of toxicological evidence collected in connection with certain intoxication offenses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-05-18 - Not again placed on intent calendar [SB780 Detail]

Download: Texas-2015-SB780-Comm_Sub.html



	By: Huffman	S.B. No. 780
	(In the Senate - Filed February 25, 2015; March 2, 2015,
	read first time and referred to Committee on Criminal Justice;
	May 7, 2015, reported adversely, with favorable Committee
	Substitute by the following vote: Yeas 7, Nays 0; May 7, 2015, sent
	to printer.)

	COMMITTEE SUBSTITUTE FOR S.B. No. 780	By: Huffman


	A BILL TO BE ENTITLED
	AN ACT

	relating to the preservation of toxicological evidence collected in
	connection with certain intoxication offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.50 to read as follows:
	Art. 38.50. RETENTION AND PRESERVATION OF TOXICOLOGICAL
	EVIDENCE OF CERTAIN INTOXICATION OFFENSES. (a) In this article,
	"toxicological evidence" means a blood or urine specimen that was
	collected as part of an investigation of an alleged offense under
	Chapter 49, Penal Code.
	(b) This article applies to a governmental or public entity
	or an individual, including a law enforcement agency, prosecutor's
	office, or crime laboratory, that is charged with the collection,
	storage, preservation, analysis, or retrieval of toxicological
	evidence.
	(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;
	(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) 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) 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), the court shall
	notify the persons described by this subsection about the change.
	(e) The entity or individual charged with storing
	toxicological evidence may destroy the evidence on expiration of
	the period provided by the notice most recently issued by the court
	under Subsection (d).
	(f) To the extent of any conflict between this article and
	Article 2.21 or 38.43, this article controls.
	SECTION 2. Article 38.50, Code of Criminal Procedure, as
	added by this Act, applies to all toxicological evidence stored by
	an entity or individual on or after the effective date of this Act,
	regardless of whether the evidence was collected before, on, or
	after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2015.

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