87R7730 JSC-D
By: Perry S.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of certain controlled substance
property and plants seized by or forfeited to a law enforcement
agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 481.152, Health and
Safety Code, is amended to read as follows:
Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS.
SECTION 2. Section 481.152(d), Health and Safety Code, is
amended to read as follows:
(d) If a controlled substance plant is seized and forfeited
under this section, a court may order the disposition of the plant
under Section 481.159, or the department or a peace officer may
summarily destroy the property under the rules of the department or
dispose of the property in lieu of destruction as provided by
Section 481.161.
SECTION 3. The heading to Section 481.153, Health and
Safety Code, is amended to read as follows:
Sec. 481.153. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY.
SECTION 4. Section 481.153(b), Health and Safety Code, is
amended to read as follows:
(b) If an item of controlled substance property is seized
and forfeited under this section, a court may order the disposition
of the property under Section 481.159, or the department or a peace
officer may summarily destroy the property under the rules of the
department or dispose of the property in lieu of destruction as
provided by Section 481.161.
SECTION 5. Section 481.159(i), Health and Safety Code, is
amended to read as follows:
(i) If a controlled substance property or plant seized under
this chapter was forfeited to an agency for the purpose of
destruction or disposition under Section 481.161 in lieu of
destruction or for any purpose other than investigation, the
property or plant may not be used in an investigation unless a
district court orders disposition under this section and permits
the use of the property or plant in the investigation.
SECTION 6. The heading to Section 481.160, Health and
Safety Code, is amended to read as follows:
Sec. 481.160. DISPOSITION [DESTRUCTION] OF EXCESS
QUANTITIES.
SECTION 7. Sections 481.160(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) If a controlled substance property or plant is forfeited
under this code or under Chapter 59, Code of Criminal Procedure, the
law enforcement agency that seized the property or plant or to which
the property or plant is forfeited may summarily destroy the
property or plant without a court order, or otherwise dispose of the
property or plant in lieu of destruction in accordance with Section
481.161, before the disposition of a case arising out of the
forfeiture if the agency ensures that:
(1) at least five random and representative samples
are taken from the total amount of the property or plant and a
sufficient quantity is preserved to provide for discovery by
parties entitled to discovery;
(2) photographs are taken that reasonably depict the
total amount of the property or plant; and
(3) the gross weight or liquid measure of the property
or plant is determined, either by actually weighing or measuring
the property or plant or by estimating its weight or measurement
after making dimensional measurements of the total amount seized.
(c) A representative sample, photograph, or record made
under this section is admissible in civil or criminal proceedings
in the same manner and to the same extent as if the total quantity of
the suspected controlled substance property or plant was offered in
evidence, regardless of whether the remainder of the property or
plant has been destroyed or otherwise disposed of. An inference or
presumption of spoliation does not apply to a property or plant
destroyed or otherwise disposed of under this section.
SECTION 8. Subchapter E, Chapter 481, Health and Safety
Code, is amended by adding Section 481.161 to read as follows:
Sec. 481.161. DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY
OR PLANT IN LIEU OF DESTRUCTION. (a) In this section, "crime
laboratory" has the meaning assigned by Article 38.35, Code of
Criminal Procedure.
(b) Controlled substance property or plants subject to
summary destruction by a law enforcement agency or ordered
destroyed by a court may be disposed of in accordance with this
section.
(c) A law enforcement agency may transfer the controlled
substance property or plants to a crime laboratory to be used for
the purposes of laboratory research, testing results validation,
and training of analysts.
(d) The crime laboratory to which the controlled substance
property or plants are transferred under Subsection (c) shall
destroy or otherwise properly dispose of any unused quantities of
the controlled substance property or plants.
(e) This section does not apply to evidence described by
Section 481.160(d).
(f) The director may adopt rules to implement this section.
SECTION 9. The change in law made by this Act applies to the
disposition of evidence on or after the effective date of this Act,
regardless of whether the evidence was seized or forfeited before,
on, or after that date.
SECTION 10. This Act takes effect September 1, 2021.