S.B. No. 1125
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. Section 481.151, Health and Safety Code, is
amended by adding Subdivisions (2-a) and (2-b) to read as follows:
(2-a) "Crime laboratory" has the meaning assigned by
Article 38.35, Code of Criminal Procedure.
(2-b) "Criminal justice agency" has the meaning
assigned by Section 411.082, Government Code, and includes a local
government corporation described by Section 411.0011 of that code.
SECTION 2. 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 3. 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, a criminal justice
agency, 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 4. 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 5. 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, a
criminal justice agency, 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 6. Sections 481.159(a) and (i), Health and Safety
Code, are amended to read as follows:
(a) If a district court orders the forfeiture of a
controlled substance property or plant under Chapter 59, Code of
Criminal Procedure, or under this code, the court shall also order a
law enforcement agency or a criminal justice agency to which the law
enforcement agency transferred the property or plant for analysis
and storage to:
(1) retain the property or plant for [its] official
law enforcement purposes, including use in the investigation of
offenses under this code;
(2) deliver the property or plant to a government
agency for official purposes;
(3) deliver the property or plant to a person
authorized by the court to receive it;
(4) deliver the property or plant to a person
authorized by the director to receive it; or
(5) destroy the property or plant that is not
otherwise disposed of in the manner prescribed by this subchapter.
(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 7. 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 8. Sections 481.160(a), (c), and (d), 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 or a criminal justice agency to
which the law enforcement agency transferred the property or plant
for analysis and storage 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.
(d) If hazardous waste, residuals, contaminated glassware,
associated equipment, or by-products from illicit chemical
laboratories or similar operations that create a health or
environmental hazard or are not capable of being safely stored are
forfeited, those items may be disposed of under Subsection (a) or
may be seized by and summarily forfeited to a law enforcement agency
and destroyed by the [a] law enforcement agency or by a criminal
justice agency to which the law enforcement agency transferred the
items for analysis and storage without a court order before the
disposition of a case arising out of the forfeiture if current
environmental protection standards are followed.
SECTION 9. 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) Controlled substance property
or plants subject to summary destruction or ordered destroyed by a
court may be disposed of in accordance with this section.
(b) A law enforcement agency or criminal justice 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.
(c) The crime laboratory to which the controlled substance
property or plants are transferred under Subsection (b) shall
destroy or otherwise properly dispose of any unused quantities of
the controlled substance property or plants.
(d) This section does not apply to evidence described by
Section 481.160(d).
(e) The director may adopt rules to implement this section.
SECTION 10. 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 11. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1125 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1125 passed the House on
May 26, 2021, by the following vote: Yeas 140, Nays 7, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor