Texas 2021 - 87th Regular

Texas Senate Bill SB335

Caption

Relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.

Impact

The enactment of SB335 will streamline the procedures for law enforcement and legal entities regarding evidence relating to intoxication offenses. Specifically, it gives detailed criteria regarding when evidence can be destroyed, ensuring that crucial toxicological samples are retained long enough to support potential legal actions. These amendments reinforce the importance of preserving evidence that can impact judicial outcomes in drug and alcohol-related cases.

Summary

SB335 pertains to the procedures surrounding the taking of specimens for intoxication testing, aiming to amend and enhance the retention and preservation protocols for toxicological evidence. The bill updates the Code of Criminal Procedure, particularly Article 38.50, establishing clearer guidelines on how long such evidence must be kept based on different circumstances, such as the outcome of prosecutions. This includes specifications that toxicological evidence related to intoxication offenses must be preserved for a minimum of two years or the duration of the statute of limitations, whichever is longer.

Sentiment

The sentiment surrounding SB335 appears to be predominantly supportive among law enforcement and prosecutorial bodies, who advocate for the enhancements to evidence retention as a means to ensure fairness and thoroughness in intoxication-related cases. However, there may be concerns among civil rights advocates about how these changes could affect individuals’ rights regarding consent and the potential for misuse in police procedures.

Contention

Discussion on SB335 raised various points of contention, particularly around balancing law enforcement needs with individual rights. Critics worry that the requirements placed on individuals to consent to specimen collection might lead to unintended consequences, such as coercion or overreach by law enforcement officers. The transparency regarding destruction of evidence also received scrutiny, with calls for tighter controls to prevent mismanagement or harmful practices.

Companion Bills

TX HB660

Same As Relating to retention and preservation of toxicological evidence of certain intoxication offenses.

TX HB2852

Similar To Relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.

Previously Filed As

TX HB1104

Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.

TX HB1178

Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.

TX HB93

Relating to changing the eligibility for community supervision and parole for certain repeat intoxication offenders.

TX SB324

Relating to changing the eligibility for community supervision for certain repeat intoxication offenders.

TX HB1131

Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.

TX SB1310

Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.

TX HB1720

Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.

TX HB393

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

TX HB210

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

TX SB703

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

Similar Bills

TX HB2852

Relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.

TX SB529

Relating to retention and preservation of toxicological evidence of certain intoxication offenses.

KY HB368

AN ACT relating to maternal health.

CA AB1787

Pesticide testing.

IL HB4942

COUNTIES CD-CORONER REPORTS

CA AB1440

Pesticide testing.

DC PR25-0836

Science Advisory Board Jeri D. Ropero-Miller Confirmation Resolution of 2024

VA HB870

Law-enforcement officers; conduct of investigation.