| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to evidence technician training and the disposition of |
|
|
certain evidence in a criminal case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 2.21(b), (c), and (d), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(b) At any time during or after a criminal proceeding, the |
|
|
court reporter shall release for safekeeping any biological |
|
|
evidence, firearm, or contraband received as an exhibit in that |
|
|
proceeding to: |
|
|
(1) the sheriff; or |
|
|
(2) in a county with a population of 500,000 or more, |
|
|
the law enforcement agency that collected, seized, or took |
|
|
possession of the biological evidence, firearm, or contraband or |
|
|
produced the biological evidence, firearm, or contraband at the |
|
|
proceeding. |
|
|
(c) The sheriff or the law enforcement agency, as |
|
|
applicable, shall receive and hold the exhibits consisting of |
|
|
biological evidence, firearms, or contraband and release them only |
|
|
to the person or persons authorized by the court in which such |
|
|
exhibits have been received or dispose of them as provided by |
|
|
Chapter 18. |
|
|
(d) In this article: |
|
|
(1) "Biological evidence" has the meaning assigned by |
|
|
Article 38.43. |
|
|
(2) "Eligible [, "eligible] exhibit" means an exhibit |
|
|
filed with the clerk that: |
|
|
(A) [(1)] is not biological evidence, a firearm, |
|
|
or contraband; |
|
|
(B) [(2)] has not been ordered by the court to be |
|
|
returned to its owner; and |
|
|
(C) [(3)] is not an exhibit in another pending |
|
|
criminal action. |
|
|
SECTION 2. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.32 to read as follows: |
|
|
Art. 2.32. DISPOSITION OF PHYSICAL EVIDENCE RELATED TO |
|
|
MISDEMEANOR OFFENSE. (a) This article applies to physical |
|
|
evidence, including blood, that is seized in connection with the |
|
|
investigation of a misdemeanor offense. |
|
|
(b) Except as otherwise provided by this chapter, a law |
|
|
enforcement agency that is in possession of evidence described by |
|
|
Subsection (a), not later than the 60th day after the date on which |
|
|
a conviction becomes final in a misdemeanor case, shall file with |
|
|
the court in which the offense was prosecuted or any magistrate a |
|
|
motion requesting the authority to dispose of the evidence. |
|
|
SECTION 3. Subtitle B, Title 4, Government Code, is amended |
|
|
by adding Chapter 412 to read as follows: |
|
|
CHAPTER 412. PROPERTY AND EVIDENCE |
|
|
Sec. 412.001. DEFINITIONS. In this chapter: |
|
|
(1) "Department" means the Department of Public Safety |
|
|
of the State of Texas. |
|
|
(2) "Evidence" means any item that tends to prove or |
|
|
disprove that a criminal act occurred or that can prove or disprove |
|
|
guilt or innocence. |
|
|
(3) "Evidence technician" means a person employed by |
|
|
or serving a law enforcement agency who receives, preserves, |
|
|
stores, disposes of, and accounts for property or evidence that |
|
|
comes into the agency's possession. The term includes a property |
|
|
control officer, property attendant, or property specialist. |
|
|
(4) "Extension service" means the Texas A&M |
|
|
Engineering Extension Service. |
|
|
(5) "Property" means an item that is placed in a law |
|
|
enforcement agency's property room that does not have evidentiary |
|
|
value or is not related to or alleged to be related to any criminal |
|
|
act. |
|
|
Sec. 412.002. EVIDENCE TECHNICIAN TRAINING PROGRAM. (a) |
|
|
The department and the extension service shall jointly establish |
|
|
minimum requirements for an evidence technician training program. |
|
|
An evidence technician training program must consist of at least |
|
|
eight hours of training. |
|
|
(b) The department shall adopt rules for accrediting an |
|
|
evidence technician training program that meets the minimum |
|
|
requirements established under Subsection (a). |
|
|
Sec. 412.003. TRAINING REQUIRED. (a) This state or a |
|
|
political subdivision of this state may not appoint or employ a |
|
|
person to act as an evidence technician unless the person has |
|
|
completed an accredited evidence technician training program. |
|
|
(b) The department shall issue a written acknowledgment of |
|
|
satisfactory completion of an accredited evidence technician |
|
|
training program to a person who submits evidence of satisfactory |
|
|
completion to the department. |
|
|
(c) Notwithstanding Subsection (a), a person who has not |
|
|
completed an accredited evidence technician training program may |
|
|
act as an evidence technician on a temporary or probationary basis |
|
|
or may perform the duties of an evidence technician in an emergency. |
|
|
(d) A person appointed or employed on a temporary or |
|
|
probationary basis may not continue to serve as an evidence |
|
|
technician after the first anniversary of the date the person is |
|
|
appointed or employed unless the person has completed an accredited |
|
|
evidence technician training program or the agency appointing or |
|
|
employing the person has received permission from the department |
|
|
for the person to continue to serve on a temporary or probationary |
|
|
basis without completion of a training program. |
|
|
SECTION 4. A person serving, other than on a temporary or |
|
|
probationary basis, as an evidence technician as defined by Section |
|
|
412.001, Government Code, as added by this Act, on August 31, 2015, |
|
|
may continue to serve as an evidence technician without completing |
|
|
an accredited evidence technician training program as required by |
|
|
Section 412.003, Government Code, as added by this Act. |
|
|
SECTION 5. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2015. |
|
|
(b) Section 412.003, Government Code, as added by this Act, |
|
|
takes effect January 1, 2016. |