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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of certain controlled substance |
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property and plants seized by or forfeited to a law enforcement |
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agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.151, Health and Safety Code, is |
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amended by adding Subdivisions (2-a) and (2-b) to read as follows: |
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(2-a) "Crime laboratory" has the meaning assigned by |
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Article 38.35, Code of Criminal Procedure. |
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(2-b) "Criminal justice agency" has the meaning |
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assigned by Section 411.082, Government Code, and includes a local |
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government corporation described by Section 411.0011 of that code. |
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SECTION 2. The heading to Section 481.152, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY |
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DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS. |
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SECTION 3. Section 481.152(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) If a controlled substance plant is seized and forfeited |
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under this section, a court may order the disposition of the plant |
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under Section 481.159, or the department, a criminal justice |
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agency, or a peace officer may summarily destroy the property under |
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the rules of the department or dispose of the property in lieu of |
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destruction as provided by Section 481.161. |
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SECTION 4. The heading to Section 481.153, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.153. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY |
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DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY. |
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SECTION 5. Section 481.153(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If an item of controlled substance property is seized |
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and forfeited under this section, a court may order the disposition |
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of the property under Section 481.159, or the department, a |
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criminal justice agency, or a peace officer may summarily destroy |
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the property under the rules of the department or dispose of the |
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property in lieu of destruction as provided by Section 481.161. |
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SECTION 6. Sections 481.159(a) and (i), Health and Safety |
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Code, are amended to read as follows: |
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(a) If a district court orders the forfeiture of a |
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controlled substance property or plant under Chapter 59, Code of |
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Criminal Procedure, or under this code, the court shall also order a |
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law enforcement agency or a criminal justice agency to which the law |
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enforcement agency transferred the property or plant for analysis |
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and storage to: |
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(1) retain the property or plant for [its] official |
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law enforcement purposes, including use in the investigation of |
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offenses under this code; |
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(2) deliver the property or plant to a government |
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agency for official purposes; |
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(3) deliver the property or plant to a person |
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authorized by the court to receive it; |
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(4) deliver the property or plant to a person |
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authorized by the director to receive it; or |
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(5) destroy the property or plant that is not |
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otherwise disposed of in the manner prescribed by this subchapter. |
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(i) If a controlled substance property or plant seized under |
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this chapter was forfeited to an agency for the purpose of |
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destruction or disposition under Section 481.161 in lieu of |
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destruction or for any purpose other than investigation, the |
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property or plant may not be used in an investigation unless a |
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district court orders disposition under this section and permits |
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the use of the property or plant in the investigation. |
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SECTION 7. The heading to Section 481.160, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.160. DISPOSITION [DESTRUCTION] OF EXCESS |
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QUANTITIES. |
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SECTION 8. Sections 481.160(a), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) If a controlled substance property or plant is forfeited |
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under this code or under Chapter 59, Code of Criminal Procedure, the |
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law enforcement agency that seized the property or plant or to which |
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the property or plant is forfeited or a criminal justice agency to |
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which the law enforcement agency transferred the property or plant |
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for analysis and storage may summarily destroy the property or |
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plant without a court order, or otherwise dispose of the property or |
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plant in lieu of destruction in accordance with Section 481.161, |
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before the disposition of a case arising out of the forfeiture if |
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the agency ensures that: |
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(1) at least five random and representative samples |
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are taken from the total amount of the property or plant and a |
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sufficient quantity is preserved to provide for discovery by |
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parties entitled to discovery; |
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(2) photographs are taken that reasonably depict the |
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total amount of the property or plant; and |
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(3) the gross weight or liquid measure of the property |
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or plant is determined, either by actually weighing or measuring |
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the property or plant or by estimating its weight or measurement |
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after making dimensional measurements of the total amount seized. |
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(c) A representative sample, photograph, or record made |
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under this section is admissible in civil or criminal proceedings |
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in the same manner and to the same extent as if the total quantity of |
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the suspected controlled substance property or plant was offered in |
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evidence, regardless of whether the remainder of the property or |
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plant has been destroyed or otherwise disposed of. An inference or |
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presumption of spoliation does not apply to a property or plant |
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destroyed or otherwise disposed of under this section. |
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(d) If hazardous waste, residuals, contaminated glassware, |
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associated equipment, or by-products from illicit chemical |
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laboratories or similar operations that create a health or |
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environmental hazard or are not capable of being safely stored are |
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forfeited, those items may be disposed of under Subsection (a) or |
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may be seized by and summarily forfeited to a law enforcement agency |
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and destroyed by the [a] law enforcement agency or by a criminal |
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justice agency to which the law enforcement agency transferred the |
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items for analysis and storage without a court order before the |
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disposition of a case arising out of the forfeiture if current |
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environmental protection standards are followed. |
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SECTION 9. Subchapter E, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.161 to read as follows: |
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Sec. 481.161. DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY |
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OR PLANT IN LIEU OF DESTRUCTION. (a) Controlled substance property |
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or plants subject to summary destruction or ordered destroyed by a |
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court may be disposed of in accordance with this section. |
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(b) A law enforcement agency or criminal justice agency may |
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transfer the controlled substance property or plants to a crime |
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laboratory to be used for the purposes of laboratory research, |
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testing results validation, and training of analysts. |
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(c) The crime laboratory to which the controlled substance |
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property or plants are transferred under Subsection (b) shall |
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destroy or otherwise properly dispose of any unused quantities of |
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the controlled substance property or plants. |
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(d) This section does not apply to evidence described by |
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Section 481.160(d). |
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(e) The director may adopt rules to implement this section. |
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SECTION 10. The change in law made by this Act applies to |
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the disposition of evidence on or after the effective date of this |
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Act, regardless of whether the evidence was seized or forfeited |
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before, on, or after that date. |
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SECTION 11. This Act takes effect September 1, 2021. |
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