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A BILL TO BE ENTITLED
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AN ACT
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relating to retention and preservation of toxicological evidence of |
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certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.50, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (e) and adding Subsections |
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(d-1) and (d-2) to read as follows: |
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(d) For each offense subject to this article, the court |
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shall determine as soon as practicable the appropriate retention |
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and preservation period for the toxicological evidence under |
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Subsection (c)(2) or (3), as applicable, [(c)] and notify the |
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defendant or the child or child's guardian and the entity or |
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individual charged with storage of the toxicological evidence of |
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the period for which the evidence is to be retained and preserved. |
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If an action of the prosecutor or the court changes the applicable |
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period under Subsection (c)(2) or (3) [(c)], the court shall notify |
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the persons described by this subsection about the change. |
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(d-1) For each offense subject to this article for which the |
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appropriate retention and preservation period under Subsection |
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(c)(2) or (3) expires before delivery of the notice required by |
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Subsection (d), the court shall, as soon as practicable, notify the |
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defendant or the child or child's guardian and the entity or |
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individual charged with storage of the toxicological evidence that |
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the applicable period under Subsection (c)(2) or (3) has expired. |
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(d-2) Notice to parties under Subsection (d) or (d-1) must |
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be given by: |
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(1) mailing notice by first class mail addressed to |
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the individual or entity at the last known mailing address in the |
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records of the court; |
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(2) sending notice electronically to the last known |
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e-mail address in the records of the court; or |
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(3) hand delivery. |
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(e) The entity or individual charged with storing |
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toxicological evidence may destroy the evidence on expiration of |
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the period: |
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(1) described by Subsection (c)(1); or |
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(2) provided by the notice most recently issued by the |
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court under Subsection (d) or (d-1). |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to evidence |
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for which the appropriate retention and preservation period under |
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Article 38.50, Code of Criminal Procedure, as amended by this Act, |
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expires on or after the effective date of this Act. Evidence for |
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which the appropriate retention and preservation period expired |
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before the effective date of this Act is governed by the law in |
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effect on the date of expiration of that period, and the former law |
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is continued in effect for that purpose. |
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(b) If the appropriate retention and preservation period |
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under Article 38.50(c)(2) or (3), Code of Criminal Procedure, as |
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applicable, has expired with respect to evidence held in storage on |
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the effective date of this Act, and notice regarding that evidence |
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has not yet been given under Article 38.50(d), Code of Criminal |
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Procedure, as that subsection existed immediately before the |
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effective date of this Act, the court shall provide the notice |
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required by Article 38.50(d-1), Code of Criminal Procedure, as |
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added by this Act, not later than December 1, 2021. |
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SECTION 3. This Act takes effect September 1, 2021. |