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Senate Bill 335 |
Senate Author: Johnson et al. |
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Effective: 9-1-21 |
House Sponsor: Wu |
Senate Bill 335 amends the Code of Criminal Procedure to revise the notice and disposal procedures regarding toxicological evidence collected under an investigation or prosecution of an intoxication‑related offense. Among other provisions, the bill provides for the retention and preservation of toxicological evidence for an offense for which the indictment or information charging the defendant, or the petition in a juvenile proceeding, has been dismissed without prejudice. The bill revises the duty of a court to notify the applicable defendant, guardian, and entity or individual charged with storage of the evidence of the retention and preservation period. The bill revises the conditions under which the entity or individual charged with storing the toxicological evidence may destroy the evidence.
Senate Bill 335 amends the Transportation Code to require an officer, before requesting a person to submit to the taking of a blood specimen, to inform the person that if the person submits to the taking of the specimen, the specimen will be retained and preserved in accordance with applicable state law and to request a signed statement from a person who consents.