Texas 2015 - 84th Regular

Texas House Bill HB1264 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Wu (Senate Sponsor - Huffman) H.B. No. 1264
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 11, 2015, read first time and referred to Committee on
4		-	Administration; May 13, 2015, reported favorably by the following
5		-	vote: Yeas 5, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1264
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the preservation of toxicological evidence collected in
12	6		connection with certain intoxication offenses.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 38, Code of Criminal Procedure, is
15	9		amended by adding Article 38.50 to read as follows:
16	10		Art. 38.50. RETENTION AND PRESERVATION OF TOXICOLOGICAL
17	11		EVIDENCE OF CERTAIN INTOXICATION OFFENSES. (a) In this article,
18	12		"toxicological evidence" means a blood or urine specimen that was
19	13		collected as part of an investigation of an alleged offense under
20	14		Chapter 49, Penal Code.
21	15		(b) This article applies to a governmental or public entity
22	16		or an individual, including a law enforcement agency, prosecutor's
23	17		office, or crime laboratory, that is charged with the collection,
24	18		storage, preservation, analysis, or retrieval of toxicological
25	19		evidence.
26	20		(c) An entity or individual described by Subsection (b)
27	21		shall ensure that toxicological evidence collected pursuant to an
28	22		investigation or prosecution of an offense under Chapter 49, Penal
29	23		Code, is retained and preserved, as applicable:
30	24		(1) for the greater of two years or the period of the
31	25		statute of limitations for the offense, if the indictment or
32	26		information charging the defendant, or the petition in a juvenile
33	27		proceeding, has not been presented;
34	28		(2) for the duration of a defendant's sentence or term
35	29		of community supervision, as applicable, if the defendant is
36	30		convicted or placed on community supervision, or for the duration
37	31		of the commitment or supervision period applicable to the
38	32		disposition of a juvenile adjudicated as having engaged in
39	33		delinquent conduct or conduct indicating a need for supervision; or
40	34		(3) until the defendant is acquitted or the indictment
41	35		or information is dismissed with prejudice, or, in a juvenile
42	36		proceeding, until a hearing is held and the court does not find the
43	37		child engaged in delinquent conduct or conduct indicating a need
44	38		for supervision.
45	39		(d) For each offense subject to this article, the court
46	40		shall determine as soon as practicable the appropriate retention
47	41		and preservation period for the toxicological evidence under
48	42		Subsection (c) and notify the defendant or the child or child's
49	43		guardian and the entity or individual charged with storage of the
50	44		toxicological evidence of the period for which the evidence is to be
51	45		retained and preserved. If an action of the prosecutor or the court
52	46		changes the applicable period under Subsection (c), the court shall
53	47		notify the persons described by this subsection about the change.
54	48		(e) The entity or individual charged with storing
55	49		toxicological evidence may destroy the evidence on expiration of
56	50		the period provided by the notice most recently issued by the court
57	51		under Subsection (d).
58	52		(f) To the extent of any conflict between this article and
59	53		Article 2.21 or 38.43, this article controls.
60	54		SECTION 2. Article 38.50, Code of Criminal Procedure, as
61	55		added by this Act, applies to all toxicological evidence stored by
62	56		an entity or individual on or after the effective date of this Act,
63	57		regardless of whether the evidence was collected before, on, or
64	58		after the effective date of this Act.
65	59		SECTION 3. This Act takes effect September 1, 2015.
66		-	* * * * *
	60	+	______________________________ ______________________________
	61	+	President of the Senate Speaker of the House
	62	+	I certify that H.B. No. 1264 was passed by the House on May 8,
	63	+	2015, by the following vote: Yeas 138, Nays 4, 2 present, not
	64	+	voting.
	65	+	______________________________
	66	+	Chief Clerk of the House
	67	+	I certify that H.B. No. 1264 was passed by the Senate on May
	68	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	69	+	______________________________
	70	+	Secretary of the Senate
	71	+	APPROVED: _____________________
	72	+	Date
	73	+	_____________________
	74	+	Governor