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A BILL TO BE ENTITLED
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AN ACT
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relating to monitoring the retention, preservation, and |
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disposition of physical evidence gathered in a criminal |
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investigation. |
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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 38.46 to read as follows: |
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Art. 38.46. MONITORING OF STORAGE AND PRESERVATION OF |
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EVIDENCE. (a) The commissioners court of a county may develop a |
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plan and procedures for monitoring the retention, preservation, and |
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disposition of physical evidence seized in a criminal investigation |
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and stored by a local law enforcement agency, including procedures |
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for inspections described by Subsection (c). |
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(b) The commissioners court of a county may designate an |
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attorney with jurisdiction to prosecute criminal offenses in the |
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county as authorized by the commissioners court to monitor the |
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retention, preservation, and disposition of physical evidence |
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seized in a criminal investigation according to procedures adopted |
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under Subsection (a). |
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(c) A local law enforcement agency shall allow the |
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commissioners court of a county or the prosecuting attorney |
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designated under Subsection (b) to perform inspections as necessary |
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for monitoring conducted under this article, including inspections |
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of: |
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(1) a written log maintained by the law enforcement |
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agency listing or cataloging the evidence and describing its chain |
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of custody; and |
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(2) a secure storage area in which the law enforcement |
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agency maintains physical evidence to verify the correctness of the |
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log. |
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SECTION 2. This Act takes effect September 1, 2011. |