86R3393 AJZ-D
By: Neave H.B. No. 615
A BILL TO BE ENTITLED
AN ACT
relating to the destruction of certain biological evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.43, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Subject to Subsection (d-1), the [The] attorney
representing the state, clerk, or other officer in possession of
biological evidence described by Subsection (a) may destroy the
evidence, but only if the attorney, clerk, or officer by mail
notifies the defendant, the last attorney of record for the
defendant, and the convicting court of the decision to destroy the
evidence and a written objection is not received by the attorney,
clerk, or officer from the defendant, attorney of record, or court
before the 91st day after the later of the following dates:
(1) the date on which the attorney representing the
state, clerk, or other officer receives proof that the defendant
received notice of the planned destruction of evidence; or
(2) the date on which notice of the planned
destruction of evidence is mailed to the last attorney of record for
the defendant.
(d-1) In addition to the notification required by
Subsection (d), the attorney representing the state, clerk, or
other officer in possession of a sexual assault examination kit may
destroy the contents of the sexual assault examination kit, but
only if the attorney, clerk, or officer by mail notifies the victim
of the offense of the decision to destroy the contents of the kit
and a written objection is not received by the attorney, clerk, or
officer from the victim before the 91st day after the date on which
the attorney, clerk, or officer receives proof that the victim
received notice of the planned destruction of the contents of the
kit.
SECTION 2. The change in law made by this Act to Article
38.43, Code of Criminal Procedure, applies only to biological
evidence destroyed on or after the effective date of this Act.
Biological evidence destroyed before the effective date of this Act
is governed by the law that was in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.