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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal of certain exhibits used in criminal |
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proceedings in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.21, Code of Criminal Procedure, is |
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amended by amending Subsection (f) and adding Subsection (f-1) to |
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read as follows: |
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(f) A clerk in a county with a population of 1.7 million or |
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more may dispose of an eligible exhibit or may deliver the eligible |
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exhibit to the county purchasing agent for disposal as surplus or |
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salvage property under Section 263.152, Local Government Code, [on
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the date provided by Subsection (e) of this article] if on the |
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[that] date provided by Subsection (e) the clerk has not received a |
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request for the exhibit from either the attorney representing the |
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state in the case or the attorney representing the defendant. |
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(f-1) Notwithstanding Section 263.156, Local Government |
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Code, or any other law, the commissioners court shall remit 50 |
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percent of any proceeds of the disposal of an eligible exhibit as |
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surplus or salvage property under Subsection (f), less the |
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reasonable expense of keeping the exhibit before disposal and the |
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costs of that disposal, to each of the following: |
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(1) the county treasury, to be used only to defray the |
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costs incurred by the district clerk of the county for the |
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management, maintenance, or destruction of eligible exhibits in the |
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county; and |
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(2) the state treasury to the credit of the |
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compensation to victims of crime fund established under Subchapter |
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B, Chapter 56. |
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SECTION 2. This Act takes effect September 1, 2009. |