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A BILL TO BE ENTITLED
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AN ACT
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relating to jury instructions regarding evidence in a criminal case |
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that is lost or destroyed while in the possession of the state. |
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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 38.45 to read as follows: |
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Art. 38.45. JURY INSTRUCTIONS REGARDING CERTAIN LOST OR |
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DESTROYED EVIDENCE. If evidence is unavailable in a criminal case |
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because the evidence was lost or destroyed while in the possession |
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of the state, the court shall instruct the jury to presume that the |
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evidence would have been favorable to the defendant and unfavorable |
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to the state. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal trial that commences on or after the effective date of |
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this Act. A criminal trial that commenced before the effective date |
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of this Act is governed by the law in effect when the trial |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |