Bill Text: TX SB780 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the preservation of toxicological evidence collected in connection with certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
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 |
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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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