By: Wu (Senate Sponsor - Huffman) H.B. No. 1264
(In the Senate - Received from the House May 11, 2015;
May 11, 2015, read first time and referred to Committee on
Administration; May 13, 2015, reported favorably by the following
vote: Yeas 5, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the preservation of toxicological evidence collected in
connection with certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.50 to read as follows:
Art. 38.50. RETENTION AND PRESERVATION OF TOXICOLOGICAL
EVIDENCE OF CERTAIN INTOXICATION OFFENSES. (a) In this article,
"toxicological evidence" means a blood or urine specimen that was
collected as part of an investigation of an alleged offense under
Chapter 49, Penal Code.
(b) This article applies to a governmental or public entity
or an individual, including a law enforcement agency, prosecutor's
office, or crime laboratory, that is charged with the collection,
storage, preservation, analysis, or retrieval of toxicological
evidence.
(c) An entity or individual described by Subsection (b)
shall ensure that toxicological evidence collected pursuant to an
investigation or prosecution of an offense under Chapter 49, Penal
Code, is retained and preserved, as applicable:
(1) for the greater of two years or the period of the
statute of limitations for the offense, if the indictment or
information charging the defendant, or the petition in a juvenile
proceeding, has not been presented;
(2) for the duration of a defendant's sentence or term
of community supervision, as applicable, if the defendant is
convicted or placed on community supervision, or for the duration
of the commitment or supervision period applicable to the
disposition of a juvenile adjudicated as having engaged in
delinquent conduct or conduct indicating a need for supervision; or
(3) until the defendant is acquitted or the indictment
or information is dismissed with prejudice, or, in a juvenile
proceeding, until a hearing is held and the court does not find the
child engaged in delinquent conduct or conduct indicating a need
for supervision.
(d) For each offense subject to this article, the court
shall determine as soon as practicable the appropriate retention
and preservation period for the toxicological evidence under
Subsection (c) and notify the defendant or the child or child's
guardian and the entity or individual charged with storage of the
toxicological evidence of the period for which the evidence is to be
retained and preserved. If an action of the prosecutor or the court
changes the applicable period under Subsection (c), the court shall
notify the persons described by this subsection about the change.
(e) The entity or individual charged with storing
toxicological evidence may destroy the evidence on expiration of
the period provided by the notice most recently issued by the court
under Subsection (d).
(f) To the extent of any conflict between this article and
Article 2.21 or 38.43, this article controls.
SECTION 2. Article 38.50, Code of Criminal Procedure, as
added by this Act, applies to all toxicological evidence stored by
an entity or individual on or after the effective date of this Act,
regardless of whether the evidence was collected before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.
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