LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 9, 2021 TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to require either the associated governmental or public entity (law enforcement agency, prosecutor's office, or crime laboratory) charged with collecting, storing, preserving, analyzing, or retrieving toxicological evidence or the corresponding court to notify a defendant or individual charged that the applicable period for retention and preservation of the evidence has expired. Under the bill's provisions, notice of the retention period or expiration of the retention period must be given by first class mail, by email, or by hand delivery.The bill would provide that a prosecutor's office may require that an entity or individual charged with storing toxicological evidence seek written approval from the prosecutor's office before destroying toxicological evidence for cases in which the prosecutor's office presented the indictment, information, or petition.The bill would also provide that where a person consents to the request of an officer to submit a toxicological specimen, the officer shall obtain written consent.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SLE, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 9, 2021
TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted
TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted
Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted
SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to require either the associated governmental or public entity (law enforcement agency, prosecutor's office, or crime laboratory) charged with collecting, storing, preserving, analyzing, or retrieving toxicological evidence or the corresponding court to notify a defendant or individual charged that the applicable period for retention and preservation of the evidence has expired. Under the bill's provisions, notice of the retention period or expiration of the retention period must be given by first class mail, by email, or by hand delivery.The bill would provide that a prosecutor's office may require that an entity or individual charged with storing toxicological evidence seek written approval from the prosecutor's office before destroying toxicological evidence for cases in which the prosecutor's office presented the indictment, information, or petition.The bill would also provide that where a person consents to the request of an officer to submit a toxicological specimen, the officer shall obtain written consent.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SLE, BH
JMc, SLE, BH