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A BILL TO BE ENTITLED
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AN ACT
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relating to the retention and preservation of toxicological |
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evidence of certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.50, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) and amending Subsections (g) and |
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(h) to read as follows: |
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(c-1) A crime laboratory to which this article applies that |
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is in possession of toxicological evidence shall annually: |
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(1) notify the prosecutor's office in the county in |
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which the alleged offense occurred that the laboratory is in |
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possession of toxicological evidence for an alleged offense that |
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occurred in that county; and |
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(2) provide to the prosecutor's office the date on |
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which the laboratory received the evidence. |
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(g) Notice given under this article must be given: |
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(1) in writing, as soon as practicable, by hand |
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delivery, e-mail, or first-class [first class] mail to the person's |
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last known e-mail or mailing address; or |
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(2) if applicable, orally and in writing on requesting |
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the specimen under Section 724.015, Transportation Code. |
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(h) A prosecutor's office may require that an entity or |
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individual charged with storing toxicological evidence seek |
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written approval from the prosecutor's office before destroying |
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toxicological evidence subject to the retention period under |
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Subsection (c)(2) or (3) [(c)(3)] for cases in which the |
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prosecutor's office presented the indictment, information, or |
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petition. If a prosecutor's office does not provide a written |
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denial of a request to destroy toxicological evidence before the |
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90th day after the date the request is made by hand delivery, |
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certified mail, or e-mail to an address designated by the |
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prosecutor's office, the entity or individual charged with storing |
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the toxicological evidence may destroy the evidence if the |
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retention period under Subsection (c)(2) or (3) for that evidence |
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has expired. |
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SECTION 2. Article 38.50(h), Code of Criminal Procedure, as |
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amended by this Act, applies only to evidence for which the |
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appropriate retention and preservation period under Article 38.50, |
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Code of Criminal Procedure, as amended by this Act, expires on or |
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after the effective date of this Act. Evidence for which the |
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appropriate retention and preservation period expired before the |
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effective date of this Act is governed by the law in effect on the |
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date of expiration of that period, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |