Texas 2021 - 87th Regular

Texas Senate Bill SB1125 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1125
	1	+	By: Perry S.B. No. 1125
	2	+	(Collier)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the disposition of certain controlled substance
6	8		property and plants seized by or forfeited to a law enforcement
7	9		agency.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 481.151, Health and Safety Code, is
10	12		amended by adding Subdivisions (2-a) and (2-b) to read as follows:
11	13		(2-a) "Crime laboratory" has the meaning assigned by
12	14		Article 38.35, Code of Criminal Procedure.
13	15		(2-b) "Criminal justice agency" has the meaning
14	16		assigned by Section 411.082, Government Code, and includes a local
15	17		government corporation described by Section 411.0011 of that code.
16	18		SECTION 2. The heading to Section 481.152, Health and
17	19		Safety Code, is amended to read as follows:
18	20		Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
19	21		DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS.
20	22		SECTION 3. Section 481.152(d), Health and Safety Code, is
21	23		amended to read as follows:
22	24		(d) If a controlled substance plant is seized and forfeited
23	25		under this section, a court may order the disposition of the plant
24	26		under Section 481.159, or the department, a criminal justice
25	27		agency, or a peace officer may summarily destroy the property under
26	28		the rules of the department or dispose of the property in lieu of
27	29		destruction as provided by Section 481.161.
28	30		SECTION 4. The heading to Section 481.153, Health and
29	31		Safety Code, is amended to read as follows:
30	32		Sec. 481.153. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
31	33		DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY.
32	34		SECTION 5. Section 481.153(b), Health and Safety Code, is
33	35		amended to read as follows:
34	36		(b) If an item of controlled substance property is seized
35	37		and forfeited under this section, a court may order the disposition
36	38		of the property under Section 481.159, or the department, a
37	39		criminal justice agency, or a peace officer may summarily destroy
38	40		the property under the rules of the department or dispose of the
39	41		property in lieu of destruction as provided by Section 481.161.
40	42		SECTION 6. Sections 481.159(a) and (i), Health and Safety
41	43		Code, are amended to read as follows:
42	44		(a) If a district court orders the forfeiture of a
43	45		controlled substance property or plant under Chapter 59, Code of
44	46		Criminal Procedure, or under this code, the court shall also order a
45	47		law enforcement agency or a criminal justice agency to which the law
46	48		enforcement agency transferred the property or plant for analysis
47	49		and storage to:
48	50		(1) retain the property or plant for [its] official
49	51		law enforcement purposes, including use in the investigation of
50	52		offenses under this code;
51	53		(2) deliver the property or plant to a government
52	54		agency for official purposes;
53	55		(3) deliver the property or plant to a person
54	56		authorized by the court to receive it;
55	57		(4) deliver the property or plant to a person
56	58		authorized by the director to receive it; or
57	59		(5) destroy the property or plant that is not
58	60		otherwise disposed of in the manner prescribed by this subchapter.
59	61		(i) If a controlled substance property or plant seized under
60	62		this chapter was forfeited to an agency for the purpose of
61	63		destruction or disposition under Section 481.161 in lieu of
62	64		destruction or for any purpose other than investigation, the
63	65		property or plant may not be used in an investigation unless a
64	66		district court orders disposition under this section and permits
65	67		the use of the property or plant in the investigation.
66	68		SECTION 7. The heading to Section 481.160, Health and
67	69		Safety Code, is amended to read as follows:
68	70		Sec. 481.160. DISPOSITION [DESTRUCTION] OF EXCESS
69	71		QUANTITIES.
70	72		SECTION 8. Sections 481.160(a), (c), and (d), Health and
71	73		Safety Code, are amended to read as follows:
72	74		(a) If a controlled substance property or plant is forfeited
73	75		under this code or under Chapter 59, Code of Criminal Procedure, the
74	76		law enforcement agency that seized the property or plant or to which
75	77		the property or plant is forfeited or a criminal justice agency to
76	78		which the law enforcement agency transferred the property or plant
77	79		for analysis and storage may summarily destroy the property or
78	80		plant without a court order, or otherwise dispose of the property or
79	81		plant in lieu of destruction in accordance with Section 481.161,
80	82		before the disposition of a case arising out of the forfeiture if
81	83		the agency ensures that:
82	84		(1) at least five random and representative samples
83	85		are taken from the total amount of the property or plant and a
84	86		sufficient quantity is preserved to provide for discovery by
85	87		parties entitled to discovery;
86	88		(2) photographs are taken that reasonably depict the
87	89		total amount of the property or plant; and
88	90		(3) the gross weight or liquid measure of the property
89	91		or plant is determined, either by actually weighing or measuring
90	92		the property or plant or by estimating its weight or measurement
91	93		after making dimensional measurements of the total amount seized.
92	94		(c) A representative sample, photograph, or record made
93	95		under this section is admissible in civil or criminal proceedings
94	96		in the same manner and to the same extent as if the total quantity of
95	97		the suspected controlled substance property or plant was offered in
96	98		evidence, regardless of whether the remainder of the property or
97	99		plant has been destroyed or otherwise disposed of. An inference or
98	100		presumption of spoliation does not apply to a property or plant
99	101		destroyed or otherwise disposed of under this section.
100	102		(d) If hazardous waste, residuals, contaminated glassware,
101	103		associated equipment, or by-products from illicit chemical
102	104		laboratories or similar operations that create a health or
103	105		environmental hazard or are not capable of being safely stored are
104	106		forfeited, those items may be disposed of under Subsection (a) or
105	107		may be seized by and summarily forfeited to a law enforcement agency
106	108		and destroyed by the [a] law enforcement agency or by a criminal
107	109		justice agency to which the law enforcement agency transferred the
108	110		items for analysis and storage without a court order before the
109	111		disposition of a case arising out of the forfeiture if current
110	112		environmental protection standards are followed.
111	113		SECTION 9. Subchapter E, Chapter 481, Health and Safety
112	114		Code, is amended by adding Section 481.161 to read as follows:
113	115		Sec. 481.161. DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY
114	116		OR PLANT IN LIEU OF DESTRUCTION. (a) Controlled substance property
115	117		or plants subject to summary destruction or ordered destroyed by a
116	118		court may be disposed of in accordance with this section.
117	119		(b) A law enforcement agency or criminal justice agency may
118	120		transfer the controlled substance property or plants to a crime
119	121		laboratory to be used for the purposes of laboratory research,
120	122		testing results validation, and training of analysts.
121	123		(c) The crime laboratory to which the controlled substance
122	124		property or plants are transferred under Subsection (b) shall
123	125		destroy or otherwise properly dispose of any unused quantities of
124	126		the controlled substance property or plants.
125	127		(d) This section does not apply to evidence described by
126	128		Section 481.160(d).
127	129		(e) The director may adopt rules to implement this section.
128	130		SECTION 10. The change in law made by this Act applies to
129	131		the disposition of evidence on or after the effective date of this
130	132		Act, regardless of whether the evidence was seized or forfeited
131	133		before, on, or after that date.
132	134		SECTION 11. This Act takes effect September 1, 2021.
133		-	______________________________ ______________________________
134		-	President of the Senate Speaker of the House
135		-	I hereby certify that S.B. No. 1125 passed the Senate on
136		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
137		-	______________________________
138		-	Secretary of the Senate
139		-	I hereby certify that S.B. No. 1125 passed the House on
140		-	May 26, 2021, by the following vote: Yeas 140, Nays 7, two
141		-	present not voting.
142		-	______________________________
143		-	Chief Clerk of the House
144		-	Approved:
145		-	______________________________
146		-	Date
147		-	______________________________
148		-	Governor