Texas Senate Bill SB1774

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/11/09
• Voted on by House: 5/15/09
• Governor Action: 6/19/09
• Report Pass: 5/7/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

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

Impact

The legislation seeks to address the burden of managing and maintaining evidence that is no longer necessary for ongoing legal proceedings. By expediting the disposal of eligible exhibits, SB1774 aims to improve the efficiency of the judicial process while also reducing the financial and logistical load on county resources tasked with handling such items. The bill incorporates the stipulation that 50% of any proceeds from the disposal of these exhibits will benefit both the county treasury and a state fund dedicated to compensating victims of crime.

Summary

SB1774 aims to amend the Code of Criminal Procedure regarding the disposal of certain exhibits used in criminal cases within counties having populations of 1.7 million or more. The bill allows clerks in these counties to dispose of eligible exhibits if no requests for the exhibits are received from the attorneys involved in the case. This process is facilitated by permitting clerks to deliver the eligible exhibits to the county purchasing agent for disposal as surplus or salvage property.

Contention

While the bill appears to streamline the process, it opens discussions regarding the implications for the preservation of evidence that may later be deemed necessary for appeals or future cases. Critics may express concerns about the potential risks of hasty disposal and the effects it could have on the justice system, where maintaining comprehensive records can be crucial. Legislative debates could center around adequate safeguards to ensure that the disposal process does not undermine the rights of defendants or the integrity of ongoing investigations.