78R9133 T

By:  Crabb                                                        H.B. No. 3397



A BILL TO BE ENTITLED

AN ACT

relating to the disposal of exhibits in a capital case.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.21(e).  Code of Criminal Procedure, is 
amended by adding subsection (3) to read as follows:
	(3)  on or after the fifth anniversary of the death of a 
defendant if the case is a capital felony for which a sentence of 
death is imposed.  The 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 the 
exhibit and may not dispose of the exhibit if either attorney 
objects.
	SECTION 2.  This Act takes effect September 1, 2003.  The 
change in law made by this Act is retroactive.