Texas 2013 - 83rd Regular

Texas Senate Bill SB1439

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to evidence technician training and the disposition of certain evidence in a criminal case.

Impact

The implementation of SB1439 is expected to strengthen the procedures regarding the disposition of physical evidence, particularly in misdemeanor cases. By stipulating that evidence must be properly handled and disposed of within a specific timeframe after a conviction becomes final, the bill aims to minimize the risk of wrongful handling or destruction of critical evidence. Law enforcement agencies will be required to request court authority for the disposition of evidence, thereby introducing a layer of judicial oversight in the process.

Summary

SB1439 aims to establish a standardized training program for evidence technicians in Texas, focusing on the handling and disposition of evidence related to criminal cases. The bill mandates that no individual can be appointed as an evidence technician unless they have completed an accredited training program. This ensures that evidence technicians possess the necessary skills and knowledge to manage physical evidence in a way that respects legal protocols and enhances the integrity of the criminal justice process.

Contention

One point of contention surrounding SB1439 may arise from the balance between ensuring proper evidence handling and the operational requirements of law enforcement agencies. Critics could argue that the new training requirements may burden smaller agencies with limited resources, making it challenging to comply with the law. There is also potential concern regarding the timeline for disposing of evidence, as agencies might face logistical hurdles in adhering to the mandated timelines while still ensuring thorough investigations.

Notable_points

SB1439 also introduces definitions and regulations surrounding the roles of evidence technicians, emphasizing the importance of their training and accountability. The bill's provisions regarding temporary or probationary appointments allow for flexibility in staffing, acknowledging that not every situation will permit immediate access to trained personnel. This legislative effort reflects an ongoing commitment to improving the standards within the criminal justice system in Texas.

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 SB2563

Relating to the admissibility of certain evidence against a defendant in a criminal case.

TX HB4504

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

TX HB3354

Relating to the timely testing of evidence for controlled substances and dangerous drugs and the dismissal of certain criminal charges.

TX HB946

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

TX HB908

Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.

TX HB1623

Relating to creating a criminal offense for the unlawful possession or transfer of certain semiautomatic rifles.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX SB285

Relating to certain proceedings or procedures involving the disposition of certain contraband or abandoned or unclaimed property.

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CA SB1428

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CO HB1047

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CA AB2133

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NJ A3772

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