Texas 2013 - 83rd Regular

Texas Senate Bill SB1439 Compare Versions

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1	1	By: West S.B. No. 1439
2	2	(Herrero)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to evidence technician training and the disposition of
8	8	certain evidence in a criminal case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsections (b), (c), and (d), Article 2.21,
11	11	Code of Criminal Procedure, are amended to read as follows:
12	12	(b) At any time during or after a criminal proceeding, the
13	13	court reporter shall release for safekeeping any biological
14	14	evidence, firearm, or contraband received as an exhibit in that
15	15	proceeding to:
16	16	(1) the sheriff; or
17	17	(2) in a county with a population of 500,000 or more,
18	18	the law enforcement agency that collected, seized, or took
19	19	possession of the biological evidence, firearm, or contraband or
20	20	produced the biological evidence, firearm, or contraband at the
21	21	proceeding.
22	22	(c) The sheriff or the law enforcement agency, as
23	23	applicable, shall receive and hold the exhibits consisting of
24	24	biological evidence, firearms, or contraband and release them only
25	25	to the person or persons authorized by the court in which such
26	26	exhibits have been received or dispose of them as provided by
27	27	Chapter 18.
28	28	(d) In this article:
29	29	(1) "Biological evidence" has the meaning assigned by
30	30	Article 38.43.
31	31	(2) "Eligible[, "eligible] exhibit" means an exhibit
32	32	filed with the clerk that:
33	33	(A) [(1)] is not biological evidence, a firearm,
34	34	or contraband;
35	35	(B) [(2)] has not been ordered by the court to be
36	36	returned to its owner; and
37	37	(C) [(3)] is not an exhibit in another pending
38	38	criminal action.
39	39	SECTION 2. Chapter 38, Code of Criminal Procedure, is
40	40	amended by adding Article 38.48 to read as follows:
41	41	Art. 38.48. DISPOSITION OF PHYSICAL EVIDENCE RELATED TO
42	42	MISDEMEANOR OFFENSE. (a) This article applies to physical
43	43	evidence, including blood, that is seized in connection with the
44	44	investigation of a misdemeanor offense.
45	45	(b) Except as otherwise provided by this chapter, a law
46	46	enforcement agency that is in possession of evidence described by
47	47	Subsection (a), not later than the 30th day after the date on which
48	48	a conviction becomes final in a misdemeanor case, shall file with
49	49	the court in which the offense was prosecuted or any magistrate a
50	50	motion requesting the authority to dispose of the evidence.
51	51	SECTION 3. Subtitle B, Title 4, Government Code, is amended
52	52	by adding Chapter 412 to read as follows:
53	53	CHAPTER 412. PROPERTY AND EVIDENCE
54	54	Sec. 412.001. DEFINITIONS. In this chapter:
55	55	(1) "Department" means the Department of Public Safety
56	56	of the State of Texas.
57	57	(2) "Evidence" means any item that tends to prove or
58	58	disprove that a criminal act occurred or that can prove or disprove
59	59	guilt or innocence.
60	60	(3) "Evidence technician" means a person employed by
61	61	or serving a law enforcement agency who receives, preserves,
62	62	stores, disposes of, and accounts for property or evidence that
63	63	comes into the agency's possession. The term includes a property
64	64	control officer, property attendant, or property specialist.
65	65	(4) "Extension service" means the Texas A&M
66	66	Engineering Extension Service.
67	67	(5) "Property" means an item that is placed in a law
68	68	enforcement agency's property room that does not have evidentiary
69	69	value or is not related to or alleged to be related to any criminal
70	70	act.
71	71	Sec. 412.002. EVIDENCE TECHNICIAN TRAINING PROGRAM.
72	72	(a) The department and the extension service shall jointly
73	73	establish minimum requirements for evidence technician training
74	74	programs. An evidence technician training program must consist of
75	75	at least eight hours of training.
76	76	(b) The department shall adopt rules for accrediting an
77	77	evidence technician training program that meets the minimum
78	78	requirements established under Subsection (a).
79	79	Sec. 412.003. TRAINING REQUIRED. (a) This state or a
80	80	political subdivision of this state may not appoint or employ a
81	81	person to act as an evidence technician unless the person has
82	82	completed an accredited evidence technician training program.
83	83	(b) The department shall issue a written acknowledgment of
84	84	satisfactory completion of an accredited evidence technician
85	85	training program to a person who submits evidence of satisfactory
86	86	completion to the department.
87	87	(c) Notwithstanding Subsection (a), a person who has not
88	88	completed an accredited evidence technician training program may
89	89	act as an evidence technician on a temporary or probationary basis
90	90	or may perform the duties of an evidence technician in an emergency.
91	91	(d) A person appointed or employed on a temporary or
92	92	probationary basis may not continue to serve as an evidence
93	93	technician after the first anniversary of the date the person is
94	94	appointed or employed unless the person has completed an accredited
95	95	evidence technician training program or the agency appointing or
96	96	employing the person has received permission from the department
97	97	for the person to continue to serve on a temporary or probationary
98	98	basis without completion of a training program.
99	99	SECTION 4. A person serving, other than on a temporary or
100	100	probationary basis, as an evidence technician as defined by Section
101	101	412.001, Government Code, as added by this Act, on August 31, 2013,
102	102	may continue to serve as an evidence technician without completing
103	103	an accredited evidence technician training program as required by
104	104	Section 412.003, Government Code, as added by this Act.
105	105	SECTION 5. (a) Except as provided by Subsection (b) of
106	106	this section, this Act takes effect September 1, 2013.
107	107	(b) Section 412.003, Government Code, as added by this Act,
108	108	takes effect January 1, 2014.