Texas 2021 - 87th Regular

Texas House Bill HB660 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2350 JSC-F
2	2	By: González of Dallas H.B. No. 660
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to retention and preservation of toxicological evidence of
8	8	certain intoxication offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 38.50, Code of Criminal Procedure, is
11	11	amended by amending Subsections (d) and (e) and adding Subsections
12	12	(d-1) and (d-2) to read as follows:
13	13	(d) For each offense subject to this article, the court
14	14	shall determine as soon as practicable the appropriate retention
15	15	and preservation period for the toxicological evidence under
16	16	Subsection (c)(2) or (3), as applicable, [(c)] and notify the
17	17	defendant or the child or child's guardian and the entity or
18	18	individual charged with storage of the toxicological evidence of
19	19	the period for which the evidence is to be retained and preserved.
20	20	If an action of the prosecutor or the court changes the applicable
21	21	period under Subsection (c)(2) or (3) [(c)], the court shall notify
22	22	the persons described by this subsection about the change.
23	23	(d-1) For each offense subject to this article for which the
24	24	appropriate retention and preservation period under Subsection
25	25	(c)(2) or (3) expires before delivery of the notice required by
26	26	Subsection (d), the court shall, as soon as practicable, notify the
27	27	defendant or the child or child's guardian and the entity or
28	28	individual charged with storage of the toxicological evidence that
29	29	the applicable period under Subsection (c)(2) or (3) has expired.
30	30	(d-2) Notice to parties under Subsection (d) or (d-1) must
31	31	be given by:
32	32	(1) mailing notice by first class mail addressed to
33	33	the individual or entity at the last known mailing address in the
34	34	records of the court;
35	35	(2) sending notice electronically to the last known
36	36	e-mail address in the records of the court; or
37	37	(3) hand delivery.
38	38	(e) The entity or individual charged with storing
39	39	toxicological evidence may destroy the evidence on expiration of
40	40	the period:
41	41	(1) described by Subsection (c)(1); or
42	42	(2) provided by the notice most recently issued by the
43	43	court under Subsection (d) or (d-1).
44	44	SECTION 2. (a) Except as provided by Subsection (b) of this
45	45	section, the change in law made by this Act applies only to evidence
46	46	for which the appropriate retention and preservation period under
47	47	Article 38.50, Code of Criminal Procedure, as amended by this Act,
48	48	expires on or after the effective date of this Act. Evidence for
49	49	which the appropriate retention and preservation period expired
50	50	before the effective date of this Act is governed by the law in
51	51	effect on the date of expiration of that period, and the former law
52	52	is continued in effect for that purpose.
53	53	(b) If the appropriate retention and preservation period
54	54	under Article 38.50(c)(2) or (3), Code of Criminal Procedure, as
55	55	applicable, has expired with respect to evidence held in storage on
56	56	the effective date of this Act, and notice regarding that evidence
57	57	has not yet been given under Article 38.50(d), Code of Criminal
58	58	Procedure, as that subsection existed immediately before the
59	59	effective date of this Act, the court shall provide the notice
60	60	required by Article 38.50(d-1), Code of Criminal Procedure, as
61	61	added by this Act, not later than December 1, 2021.
62	62	SECTION 3. This Act takes effect September 1, 2021.