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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 Subsections (c-1) and (i) and amending |
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Subsections (g) and (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 retention period for the evidence expires as provided by |
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Subsection (c). |
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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) This subsection applies only to toxicological evidence |
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collected for an alleged offense punishable as a felony. A |
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prosecutor's office may require that an entity or individual |
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charged with storing toxicological evidence seek written approval |
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from the prosecutor's office before destroying toxicological |
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evidence subject to the retention period under Subsection (c)(2) or |
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(c)(3) for cases in which the prosecutor's office presented the |
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indictment, information, or petition. If a prosecutor's office |
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does not provide a written denial of a request to destroy |
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toxicological evidence before the 60th day after the date the |
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request is made, the entity or individual charged with storing the |
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toxicological evidence may destroy the evidence if the retention |
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period under Subsection (c)(2) or (c)(3) for that evidence has |
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expired. |
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(i) This subsection applies only to toxicological evidence |
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collected for an alleged offense punishable as a misdemeanor. A |
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prosecutor's office may not require that an entity or individual |
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charged with storing toxicological evidence request written |
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approval from the prosecutor's office before destroying |
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toxicological evidence for cases in which the prosecutor's office |
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presented the indictment, information, or petition if the retention |
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period under Subsection (c)(2) or (c)(3) for that evidence has |
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expired. |
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SECTION 2. The change in law made by this Act applies only |
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to evidence for which the appropriate retention and preservation |
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period under Article 38.50, Code of Criminal Procedure, as amended |
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by this Act, expires on or after the effective date of this Act. |
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Evidence for which the appropriate retention and preservation |
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period expired before the effective date of this Act is governed by |
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the law in effect on the date of expiration of that period, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |