87R2350 JSC-F
By: González of Dallas H.B. No. 660
A BILL TO BE ENTITLED
AN ACT
relating to retention and preservation of toxicological evidence of
certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.50, Code of Criminal Procedure, is
amended by amending Subsections (d) and (e) and adding Subsections
(d-1) and (d-2) to read as follows:
(d) For each offense subject to this article, the court
shall determine as soon as practicable the appropriate retention
and preservation period for the toxicological evidence under
Subsection (c)(2) or (3), as applicable, [(c)] and notify the
defendant or the child or child's guardian and the entity or
individual charged with storage of the toxicological evidence of
the period for which the evidence is to be retained and preserved.
If an action of the prosecutor or the court changes the applicable
period under Subsection (c)(2) or (3) [(c)], the court shall notify
the persons described by this subsection about the change.
(d-1) For each offense subject to this article for which the
appropriate retention and preservation period under Subsection
(c)(2) or (3) expires before delivery of the notice required by
Subsection (d), the court shall, as soon as practicable, notify the
defendant or the child or child's guardian and the entity or
individual charged with storage of the toxicological evidence that
the applicable period under Subsection (c)(2) or (3) has expired.
(d-2) Notice to parties under Subsection (d) or (d-1) must
be given by:
(1) mailing notice by first class mail addressed to
the individual or entity at the last known mailing address in the
records of the court;
(2) sending notice electronically to the last known
e-mail address in the records of the court; or
(3) hand delivery.
(e) The entity or individual charged with storing
toxicological evidence may destroy the evidence on expiration of
the period:
(1) described by Subsection (c)(1); or
(2) provided by the notice most recently issued by the
court under Subsection (d) or (d-1).
SECTION 2. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies only to evidence
for which the appropriate retention and preservation period under
Article 38.50, Code of Criminal Procedure, as amended by this Act,
expires on or after the effective date of this Act. Evidence for
which the appropriate retention and preservation period expired
before the effective date of this Act is governed by the law in
effect on the date of expiration of that period, and the former law
is continued in effect for that purpose.
(b) If the appropriate retention and preservation period
under Article 38.50(c)(2) or (3), Code of Criminal Procedure, as
applicable, has expired with respect to evidence held in storage on
the effective date of this Act, and notice regarding that evidence
has not yet been given under Article 38.50(d), Code of Criminal
Procedure, as that subsection existed immediately before the
effective date of this Act, the court shall provide the notice
required by Article 38.50(d-1), Code of Criminal Procedure, as
added by this Act, not later than December 1, 2021.
SECTION 3. This Act takes effect September 1, 2021.