87R2339 AJZ-F
By: González of Dallas H.B. No. 659
A BILL TO BE ENTITLED
AN ACT
relating to the disposal of exhibits used in criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.21, Code of Criminal Procedure, is
amended by amending Subsections (d) and (e) and adding Subsection
(e-1) to read as follows:
(d) In this article, "eligible exhibit" means an exhibit
filed with the clerk that:
(1) is not a firearm or contraband;
(2) has not been ordered by the court to be returned to
its owner; and
(3) is not an exhibit in any other [another pending]
criminal action that is pending final disposition.
(e) An eligible exhibit may be disposed of as provided by
this article:
(1) on or after the first anniversary of the date on
which a conviction becomes final in the case, if the case is a
misdemeanor [or a felony for which the sentence imposed by the court
is five years or less];
(2) on or after the second anniversary of the date on
which a conviction becomes final in the case, if the case is a
[non-capital] felony for which the sentence imposed by the court is
[greater than] five years or less;
(3) on or after the 10th anniversary of the date on
which a conviction becomes final in the case, if the case is a
noncapital felony for which the sentence imposed by the court is
greater than five years;
(4) on or after the first anniversary of the date of
the acquittal of a defendant; or
(5) [(4)] on or after the first anniversary of the
date of the death of a defendant.
(e-1) Notwithstanding Subsection (e), if the exhibit is
filed in the trial of more than one criminal case, an eligible
exhibit may be disposed of beginning on the expiration of the
longest period that remains applicable, calculated for each trial
according to the dates specified under Subsection (e)(1), (2), (3),
(4), or (5), on the date the exhibit becomes an eligible exhibit
under Subsection (d).
SECTION 2. This Act takes effect September 1, 2021.