78R9830 BDH-F


By:  Crabb                                                        H.B. No. 3397

Substitute the following for H.B. No. 3397:                                   

By:  Keel                                                     C.S.H.B. No. 3397



A BILL TO BE ENTITLED

AN ACT

relating to disposal of an exhibit in a capital case.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.21, Code of Criminal Procedure, is 
amended by amending Subsections (e)-(j) and adding Subsection (g-1) 
to read as follows:
	(e)  An eligible exhibit may be disposed of as provided by 
this article:     
		(1)  on or after the first anniversary of the date on 
which a conviction becomes final in the case, if the case is a 
misdemeanor or a felony for which the sentence imposed by the court 
is five years or less;  [or]
		(2)  on or after the second anniversary of the date on 
which a conviction becomes final in the case, if the case is a 
non-capital felony for which the sentence imposed by the court is 
greater than five years; or
		(3)  on or after the fifth anniversary of the death of a 
defendant, if the case is a capital felony for which the sentence 
imposed by the court is death.
	(f)  A clerk in a county with a population of 1.7 million or 
more may dispose of an eligible exhibit described by Subsection 
(e)(1) or (2) on the date provided by Subsection (e) [of this 
article] if on that date the clerk has not received a request for 
the exhibit from either the attorney representing the state in the 
case or the attorney representing the defendant.  Disposal of an 
exhibit described by Subsection (e)(3) is governed by Subsection 
(g-1).
	(g)  A clerk in a county with a population of less than 1.7 
million must provide written notice by mail to the attorney 
representing the state in the case and the attorney representing 
the defendant before disposing of an eligible exhibit described by 
Subsection (e)(1) or (2).
	(g-1) Each clerk must provide written notice by mail to the 
attorney representing the state in the case and the attorney of last 
record representing the defendant before disposing of an eligible 
exhibit described by Subsection (e)(3).
	(h)  The notice under Subsections [Subsection] (g) and (g-1)
[of this article] must:
		(1)  describe the eligible exhibit;                                           
		(2)  give the name and address of the court holding the 
exhibit;  and       
		(3)  state that the eligible exhibit will be disposed 
of unless a written request is received by the clerk before the 31st 
day after the date of notice.
	(i)  If a request is not received by a clerk covered by 
Subsection (g) or (g-1) [of this article] before the 31st day after 
the date of notice, the clerk may dispose of the eligible exhibit.
	(j)  If a request is timely received, the clerk shall:                  
		(1) deliver the eligible exhibit to the person making 
the request if the court determines the requestor is the owner of 
the eligible exhibit; or
		(2)  for an eligible exhibit described by Subsection 
(e)(3), retain the exhibit if either the attorney representing the 
state in the case or the attorney of last record representing the 
defendant objects to disposal of the exhibit.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.