Texas 2019 - 86th Regular

Texas House Bill HB3501

Caption

Relating to retention and preservation of toxicological evidence of certain intoxication offenses.

Impact

The bill's amendments are significant for the criminal justice process in Texas, particularly regarding how intoxication offenses are prosecuted and adjudicated. By instituting a structured notification system about evidence retention, it aims to minimize potential disputes regarding the preservation of key materials that may be vital in trials. This change could enhance the integrity of evidence management in related cases, thus contributing to more equitable legal proceedings. Furthermore, the act specifies that when an entity or individual is tasked with storing evidence, they can dispose of it only after the designated retention period expires, based on the guidelines set by the court.

Summary

House Bill 3501 addresses the retention and preservation of toxicological evidence related to specific intoxication offenses. The bill amends Article 38.50 of the Code of Criminal Procedure, establishing clear guidelines for how long toxicological evidence must be retained. It mandates that courts determine the appropriate retention periods for such evidence soon after the relevant offenses are addressed. Furthermore, it requires the court to notify involved parties—including defendants and storage entities—about these periods, ensuring transparency in the evidence handling process.

Contention

Opponents of the bill may argue about the logistical challenges and costs associated with the storage and management of toxicological evidence, particularly for smaller jurisdictions or law enforcement agencies. There may also be concerns regarding the notification processes and their effectiveness in ensuring all parties are adequately informed about retention periods. Moreover, discussions may arise over the adequacy of the defined periods and whether they sufficiently protect against evidence loss in light of legal proceedings, with critics possibly urging for longer retention times for complex cases.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1104

Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX SB1401

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB2668

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX SB2400

Relating to collection of certain fines assessed for traffic offenses.

TX SB144

Relating to extreme risk protective orders; creating criminal offenses.

TX HB3057

Relating to extreme risk protective orders; creating criminal offenses.

TX SB529

Relating to extreme risk protective orders; creating criminal offenses.

Similar Bills

No similar bills found.