Texas 2011 - 82nd Regular

Texas Senate Bill SB1616

Filed
 
Introduced
3/11/11  
Out of Senate Committee
4/27/11  
Voted on by Senate
5/9/11  
Refer
3/23/11  
Out of House Committee
5/20/11  
Report Pass
4/27/11  
Voted on by House
5/23/11  
Engrossed
5/9/11  
Governor Action
6/17/11  
Refer
5/11/11  
Bill Becomes Law
 
Report Pass
5/16/11  
Report Pass
5/18/11  
Report Pass
5/18/11  
Enrolled
5/27/11  
Enrolled
5/27/11  

Caption

Relating to the collection, storage, preservation, analysis, retrieval, and destruction of biological evidence.

Impact

This legislation will significantly impact how law enforcement agencies handle biological evidence and enhance accountability in criminal cases. By obligating the preservation of such evidence for extended durations, the bill aims to facilitate post-conviction reviews and potential exonerations, ensuring that new scientific methods can be applied to old evidence. The bill also mandates that entities involved in managing biological evidence must follow standards established by the Department of Public Safety, thereby standardizing practices across the state and promoting uniformity in law enforcement procedures.

Summary

SB1616 focuses on the collection, storage, preservation, analysis, retrieval, and destruction of biological evidence in criminal investigations. The bill seeks to amend Article 38.43 of the Code of Criminal Procedure to enhance procedures surrounding biological evidence, which is defined to include materials such as blood, hair, and bodily fluids collected during felony investigations. One of the key provisions requires that biological evidence be preserved for long periods, typically ranging from 40 years to the lifetime of the convicted individual, depending on the nature of the offense and the circumstances of the conviction.

Contention

Notable points of contention surrounding SB1616 involve the balance between robust evidence preservation and the responsibilities placed upon law enforcement and public agencies. While proponents argue that preserving biological evidence for longer periods is crucial for justice and prevents wrongful convictions, some critics express concerns regarding the resources required to maintain evidence storage and the potential for overwhelming smaller law enforcement agencies. The discussions reflect a broader debate regarding the priorities of the criminal justice system and the allocation of resources for evidence management.

Companion Bills

No companion bills found.

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 SB1401

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB2668

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX SB2101

Relating to certain notifications related to the rights of crime victims.

TX HB4216

Relating to certain notifications related to the rights of crime victims.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB918

Relating to abolishing the death penalty.

TX HB142

Relating to abolishing the death penalty.

TX SB516

Relating to abolishing the death penalty.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

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