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A BILL TO BE ENTITLED
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AN ACT
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relating to the timely testing of evidence for controlled |
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substances and dangerous drugs and the dismissal of certain |
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criminal charges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.51 to read as follows: |
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Art. 38.51. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES OR |
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DANGEROUS DRUGS. (a) In this article: |
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(1) "Controlled substance" has the meaning assigned by |
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Section 481.002, Health and Safety Code. |
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(2) "Dangerous drug" has the meaning assigned by |
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Section 483.001, Health and Safety Code. |
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(b) Evidence that may contain a controlled substance or |
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dangerous drug that is seized by a law enforcement agency in |
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connection with a criminal action must be submitted to a laboratory |
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to be tested using validated laboratory procedures and sampling |
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protocols to determine whether the substance is a controlled |
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substance or dangerous drug. |
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(c) The court shall dismiss a charge for an offense under |
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Subchapter D, Chapter 481, Health and Safety Code, or Subchapter C, |
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Chapter 483, Health and Safety Code, involving the manufacture, |
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delivery, or possession of a controlled substance or dangerous drug |
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if the testing required under this article is not completed before |
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the 30th day after the date the seizure occurred. |
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SECTION 2. The change in law made by this Act applies only |
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to evidence seized on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |