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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal of exhibits used in criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.21, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (e) and adding Subsection |
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(e-1) to read as follows: |
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(d) In this article, "eligible exhibit" means an exhibit |
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filed with the clerk that: |
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(1) is not a firearm or contraband; |
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(2) has not been ordered by the court to be returned to |
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its owner; and |
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(3) is not an exhibit in any other [another pending] |
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criminal action that is pending final disposition. |
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(e) An eligible exhibit may be disposed of as provided by |
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this article: |
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(1) on or after the first anniversary of the date on |
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which a conviction becomes final in the case, if the case is a |
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misdemeanor [or a felony for which the sentence imposed by the court |
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is five years or less]; |
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(2) on or after the second anniversary of the date on |
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which a conviction becomes final in the case, if the case is a |
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[non-capital] felony for which the sentence imposed by the court is |
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[greater than] five years or less; |
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(3) on or after the 10th anniversary of the date on |
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which a conviction becomes final in the case, if the case is a |
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noncapital felony for which the sentence imposed by the court is |
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greater than five years; |
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(4) on or after the first anniversary of the date of |
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the acquittal of a defendant; or |
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(5) [(4)] on or after the first anniversary of the |
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date of the death of a defendant. |
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(e-1) Notwithstanding Subsection (e), if the exhibit is |
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filed in the trial of more than one criminal case, an eligible |
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exhibit may be disposed of beginning on the expiration of the |
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longest period that remains applicable, calculated for each trial |
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according to the dates specified under Subsection (e)(1), (2), (3), |
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(4), or (5), on the date the exhibit becomes an eligible exhibit |
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under Subsection (d). |
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SECTION 2. This Act takes effect September 1, 2023. |