| 1 | 1 | | 86R11816 JSC-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 3501 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to retention and preservation of toxicological evidence of |
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| 8 | 8 | | certain intoxication offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 38.50, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsections (d) and (e) and adding Subsections |
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| 12 | 12 | | (d-1) and (d-2) to read as follows: |
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| 13 | 13 | | (d) For each offense subject to this article, the court |
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| 14 | 14 | | shall determine as soon as practicable the appropriate retention |
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| 15 | 15 | | and preservation period for the toxicological evidence under |
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| 16 | 16 | | Subsection (c)(2) or (3), as applicable, [(c)] and notify the |
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| 17 | 17 | | defendant or the child or child's guardian and the entity or |
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| 18 | 18 | | individual charged with storage of the toxicological evidence of |
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| 19 | 19 | | the period for which the evidence is to be retained and |
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| 20 | 20 | | preserved. If an action of the prosecutor or the court changes the |
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| 21 | 21 | | applicable period under Subsection (c)(2) or (3) [(c)], the court |
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| 22 | 22 | | shall notify the persons described by this subsection about the |
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| 23 | 23 | | change. |
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| 24 | 24 | | (d-1) For each offense subject to this article for which the |
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| 25 | 25 | | appropriate retention and preservation period under Subsection |
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| 26 | 26 | | (c)(2) or (3) expires before delivery of the notice required by |
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| 27 | 27 | | Subsection (d), the court shall, as soon as practicable, notify the |
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| 28 | 28 | | defendant or the child or child's guardian and the entity or |
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| 29 | 29 | | individual charged with storage of the toxicological evidence that |
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| 30 | 30 | | the applicable period under Subsection (c)(2) or (3) has expired. |
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| 31 | 31 | | (d-2) Notice to parties under Subsection (d) or (d-1) must |
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| 32 | 32 | | be given by: |
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| 33 | 33 | | (1) mailing notice by first-class mail addressed to |
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| 34 | 34 | | the individual or entity at the last known mailing address in the |
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| 35 | 35 | | records of the court; |
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| 36 | 36 | | (2) sending notice electronically to the last known |
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| 37 | 37 | | electronic mail address in the records of the court; or |
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| 38 | 38 | | (3) hand delivery. |
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| 39 | 39 | | (e) The entity or individual charged with storing |
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| 40 | 40 | | toxicological evidence may destroy the evidence on expiration of |
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| 41 | 41 | | the period: |
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| 42 | 42 | | (1) described by Subsection (c)(1); or |
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| 43 | 43 | | (2) provided by the notice most recently issued by the |
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| 44 | 44 | | court under Subsection (d) or (d-1). |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to evidence for which the retention and preservation period under |
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| 47 | 47 | | Article 38.50, Code of Criminal Procedure, as amended by this Act, |
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| 48 | 48 | | expires on or after the effective date of this Act. Evidence for |
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| 49 | 49 | | which the retention and preservation period expired before the |
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| 50 | 50 | | effective date of this Act is governed by the law in effect on the |
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| 51 | 51 | | date of expiration of that period, and the former law is continued |
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| 52 | 52 | | in effect for that purpose. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2019. |
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