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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 2A.155, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(b-1) to read as follows: |
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(a) In this article, "eligible exhibit" means an exhibit |
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filed with the clerk of a court 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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(b) 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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[noncapital] 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 the defendant; or |
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(5) [(4)] on or after the first anniversary of the date |
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of the death of the defendant. |
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(b-1) Notwithstanding Subsection (b), 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 Subsections (b)(1), (2), |
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(3), (4), and (5), on the date the exhibit becomes an eligible |
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exhibit under Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2025. |