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A BILL TO BE ENTITLED
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AN ACT
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relating to the destruction of certain biological evidence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.43, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) Subject to Subsection (d-1), the [The] attorney |
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representing the state, clerk, or other officer in possession of |
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biological evidence described by Subsection (a) may destroy the |
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evidence, but only if the attorney, clerk, or officer by mail |
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notifies the defendant, the last attorney of record for the |
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defendant, and the convicting court of the decision to destroy the |
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evidence and a written objection is not received by the attorney, |
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clerk, or officer from the defendant, attorney of record, or court |
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before the 91st day after the later of the following dates: |
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(1) the date on which the attorney representing the |
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state, clerk, or other officer receives proof that the defendant |
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received notice of the planned destruction of evidence; or |
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(2) the date on which notice of the planned |
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destruction of evidence is mailed to the last attorney of record for |
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the defendant. |
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(d-1) In addition to the notification required by |
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Subsection (d), the attorney representing the state, clerk, or |
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other officer in possession of a sexual assault examination kit may |
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destroy the contents of the sexual assault examination kit, but |
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only if the attorney, clerk, or officer by mail notifies the victim |
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of the offense of the decision to destroy the contents of the kit |
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and a written objection is not received by the attorney, clerk, or |
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officer from the victim before the 91st day after the date on which |
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the attorney, clerk, or officer receives proof that the victim |
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received notice of the planned destruction of the contents of the |
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kit. |
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SECTION 2. The change in law made by this Act to Article |
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38.43, Code of Criminal Procedure, applies only to biological |
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evidence destroyed on or after the effective date of this Act. |
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Biological evidence destroyed before the effective date of this Act |
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is governed by the law that was in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |