84R1017 MAW-D
 
  By: West S.B. No. 131
 
 
 
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.