By: West S.B. No. 1439
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Criminal Justice;
April 29, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 29, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1439 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to evidence technician training and the disposition of
certain evidence in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b), (c), and (d), Article 2.21,
Code of Criminal Procedure, are amended to read as follows:
(b) At any time during or after a criminal proceeding, the
court reporter shall release for safekeeping any biological
evidence, firearm, or contraband received as an exhibit in that
proceeding to:
(1) the sheriff; or
(2) in a county with a population of 500,000 or more,
the law enforcement agency that collected, seized, or took
possession of the biological evidence, firearm, or contraband or
produced the biological evidence, firearm, or contraband at the
proceeding.
(c) The sheriff or the law enforcement agency, as
applicable, shall receive and hold the exhibits consisting of
biological evidence, firearms, or contraband and release them only
to the person or persons authorized by the court in which such
exhibits have been received or dispose of them as provided by
Chapter 18.
(d) In this article:
(1) "Biological evidence" has the meaning assigned by
Article 38.43.
(2) "Eligible[, "eligible] exhibit" means an exhibit
filed with the clerk that:
(A) [(1)] is not biological evidence, a firearm,
or contraband;
(B) [(2)] has not been ordered by the court to be
returned to its owner; and
(C) [(3)] is not an exhibit in another pending
criminal action.
SECTION 2. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.48 to read as follows:
Art. 38.48. DISPOSITION OF PHYSICAL EVIDENCE RELATED TO
MISDEMEANOR OFFENSE. (a) This article applies to physical
evidence, including blood, that is seized in connection with the
investigation of a misdemeanor offense.
(b) Except as otherwise provided by this chapter, a law
enforcement agency that is in possession of evidence described by
Subsection (a), not later than the 60th day after the date on which
a conviction becomes final in a misdemeanor case, shall file with
the court in which the offense was prosecuted or any magistrate a
motion requesting the authority to dispose of the evidence.
SECTION 3. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 412 to read as follows:
CHAPTER 412. PROPERTY AND EVIDENCE
Sec. 412.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public Safety
of the State of Texas.
(2) "Evidence" means any item that tends to prove or
disprove that a criminal act occurred or that can prove or disprove
guilt or innocence.
(3) "Evidence technician" means a person employed by
or serving a law enforcement agency who receives, preserves,
stores, disposes of, and accounts for property or evidence that
comes into the agency's possession. The term includes a property
control officer, property attendant, or property specialist.
(4) "Extension service" means the Texas A&M
Engineering Extension Service.
(5) "Property" means an item that is placed in a law
enforcement agency's property room that does not have evidentiary
value or is not related to or alleged to be related to any criminal
act.
Sec. 412.002. EVIDENCE TECHNICIAN TRAINING PROGRAM.
(a) The department and the extension service shall jointly
establish minimum requirements for evidence technician training
programs. An evidence technician training program must consist of
at least eight hours of training.
(b) The department shall adopt rules for accrediting an
evidence technician training program that meets the minimum
requirements established under Subsection (a).
Sec. 412.003. TRAINING REQUIRED. (a) This state or a
political subdivision of this state may not appoint or employ a
person to act as an evidence technician unless the person has
completed an accredited evidence technician training program.
(b) The department shall issue a written acknowledgment of
satisfactory completion of an accredited evidence technician
training program to a person who submits evidence of satisfactory
completion to the department.
(c) Notwithstanding Subsection (a), a person who has not
completed an accredited evidence technician training program may
act as an evidence technician on a temporary or probationary basis
or may perform the duties of an evidence technician in an emergency.
(d) A person appointed or employed on a temporary or
probationary basis may not continue to serve as an evidence
technician after the first anniversary of the date the person is
appointed or employed unless the person has completed an accredited
evidence technician training program or the agency appointing or
employing the person has received permission from the department
for the person to continue to serve on a temporary or probationary
basis without completion of a training program.
SECTION 4. A person serving, other than on a temporary or
probationary basis, as an evidence technician as defined by Section
412.001, Government Code, as added by this Act, on August 31, 2013,
may continue to serve as an evidence technician without completing
an accredited evidence technician training program as required by
Section 412.003, Government Code, as added by this Act.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Section 412.003, Government Code, as added by this Act,
takes effect January 1, 2014.
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