82R9336 JSC-D
By: Lucio III H.B. No. 3046
A BILL TO BE ENTITLED
AN ACT
relating to monitoring the retention, preservation, and
disposition of physical evidence gathered in a criminal
investigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.46 to read as follows:
Art. 38.46. MONITORING OF STORAGE AND PRESERVATION OF
EVIDENCE. (a) The commissioners court of a county may develop a
plan and procedures for monitoring the retention, preservation, and
disposition of physical evidence seized in a criminal investigation
and stored by a local law enforcement agency, including procedures
for inspections described by Subsection (c).
(b) The commissioners court of a county may designate an
attorney with jurisdiction to prosecute criminal offenses in the
county as authorized by the commissioners court to monitor the
retention, preservation, and disposition of physical evidence
seized in a criminal investigation according to procedures adopted
under Subsection (a).
(c) A local law enforcement agency shall allow the
commissioners court of a county or the prosecuting attorney
designated under Subsection (b) to perform inspections as necessary
for monitoring conducted under this article, including inspections
of:
(1) a written log maintained by the law enforcement
agency listing or cataloging the evidence and describing its chain
of custody; and
(2) a secure storage area in which the law enforcement
agency maintains physical evidence to verify the correctness of the
log.
SECTION 2. This Act takes effect September 1, 2011.