Texas House Bill HB4427

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09

Caption

Relating to the disposal of certain exhibits used in criminal proceedings in certain counties.

Impact

The bill amends the Code of Criminal Procedure, specifically Article 2.21, to streamline the process of managing exhibits in criminal cases. By allowing for the prompt disposal of such items, the legislation can help reduce storage costs and administrative burdens placed on local governments. Additionally, the bill stipulates that 50 percent of the proceeds from the disposal must be remitted to both the county treasury for management costs and the state treasury, which contributes to the compensation fund for crime victims. This allocation aims to provide financial support for victims while also addressing the overheads associated with evidence management.

Summary

House Bill 4427 pertains to the management and disposal of certain exhibits used in criminal proceedings within counties that have a population of 1.7 million or more. The bill empowers clerks in these counties to dispose of eligible exhibits or transfer them to the county purchasing agent for disposal as surplus or salvage property, provided there is no outstanding request from either the state's attorney or the defendant's attorney at the time of disposal. This legislative change aims to enhance efficiency in handling crime-related evidence that is no longer needed for legal proceedings.

Contention

While the bill primarily appears to enhance operational procedures, there may be aspects of contention concerning the potential impact on evidence preservation and accessibility for appeals or future legal processes. Critics might argue that expediting the disposal process could inadvertently compromise the rights of defendants or affect the integrity of legal practices if not carefully regulated. Furthermore, the specification of population-dense counties for this legislation raises questions about equity and whether similar provisions should apply universally across all counties, regardless of size.