Texas House Bill HB747

Texas 2021 - 87th Regular

Caption

Relating to spoliation of evidence held for use in a criminal proceeding.

Impact

The enactment of HB 747 significantly modifies how spoliation allegations are handled in criminal trials. Notably, it allows defendants to admit evidence and testimony regarding the state's handling of evidence, thus making it possible for defendants to claim spoliation without demonstrating that the state acted with malicious intent. This provision helps to shift the focus onto the state's responsibilities in maintaining integrity during criminal proceedings.

Summary

House Bill 747 addresses the issue of spoliation of evidence held for use in criminal proceedings. Specifically, the bill introduces new requirements under Chapter 38 of the Code of Criminal Procedure. It mandates that the state must preserve any evidence in its possession and prohibits the destruction, alteration, or loss of such evidence unless legally permitted. This law is aimed at ensuring that defendants have access to all relevant evidence that may influence their cases, thereby upholding their rights to a fair trial.

Contention

One of the notable points of contention surrounding HB 747 pertains to the implications of creating a presumption of spoliation in cases where a conviction for evidence tampering has occurred. If the court finds that the state acted with intent in violating evidence preservation rules, it can impose sanctions against the state or even dismiss criminal charges. Critics argue that this could lead to challenges in prosecuting cases, as the potential for evidence loss manipulates the legal proceedings, while supporters maintain that it is an essential measure to protect defendants' rights.