Texas 2023 - 88th Regular

Texas House Bill HB1104 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Cunningham H.B. No. 1104
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a waiver of the preservation of evidence and the return
7	7	of a seized weapon in a criminal case.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 38, Code of Criminal Procedure, is
10	10	amended by adding Article 38.51 to read as follows:
11	11	Art. 38.51. WAIVER OF PRESERVATION OF EVIDENCE AND RETURN
12	12	OF SEIZED WEAPON. (a) Notwithstanding any other law, after a
13	13	defendant enters a plea of guilty or nolo contendere in accordance
14	14	with Article 27.13 or 27.14, as applicable, the defendant, acting
15	15	with counsel, may knowingly, intelligently, and voluntarily waive
16	16	the defendant's right to:
17	17	(1) the preservation of evidence under Articles 38.43
18	18	and 38.50; and
19	19	(2) request the return of any seized weapon under
20	20	Article 18.19.
21	21	(b) A waiver under this article must be executed in
22	22	substantially the following written form:
23	23	WAIVER OF PRESERVATION OF EVIDENCE AND RETURN OF SEIZED WEAPON
24	24	I, __________________ (defendant's name), defendant in
25	25	__________________________ (case number), joined by my counsel,
26	26	waive the right to the preservation of any and all evidence
27	27	collected in this case and the right to request the return of any
28	28	seized weapon, as provided below.
29	29	I understand that under Article 38.43, Code of Criminal
30	30	Procedure, evidence known to contain biological material must be
31	31	preserved until I die, complete my sentence or term of community
32	32	supervision or juvenile probation, or am released on parole,
33	33	mandatory supervision, or juvenile probation, and that I, my
34	34	counsel, and the court would have 90 days to object to the planned
35	35	destruction of that evidence.
36	36	I understand that under Article 38.50, Code of Criminal
37	37	Procedure, I have the right to have any toxicological evidence
38	38	collected in this case preserved until I complete my sentence, term
39	39	of community supervision, or juvenile commitment or supervision
40	40	period.
41	41	I fully understand that scientific testing of any biological
42	42	or toxicological evidence being preserved under Article 38.43 or
43	43	38.50, Code of Criminal Procedure, could establish the identity of
44	44	the person who committed the offense in this case, or exclude me as
45	45	a person who could have committed the offense. I agree that testing
46	46	of that evidence is unnecessary because I am criminally responsible
47	47	for the offense charged.
48	48	I waive my right to receive notice of and object to the
49	49	planned destruction of that evidence.
50	50	I also waive the right to request the return of any seized
51	51	weapon under Article 18.19, Code of Criminal Procedure.
52	52	I agree that, as specified under Article 18.19, Code of
53	53	Criminal Procedure, or other law, all evidence collected in this
54	54	case, including firearms or other weapons, may be:
55	55	(1) returned to a person claiming a right to or
56	56	interest in the evidence, other than myself;
57	57	(2) used for law enforcement purposes;
58	58	(3) sold by law enforcement; or
59	59	(4) destroyed.
60	60	(c) If the court determines that the waiver described by
61	61	Subsection (b) was knowingly, intelligently, and voluntarily
62	62	given, the court shall enter an order stating that, as specified
63	63	under Article 18.19 or other law and at any date occurring on or
64	64	after the 30th day after the date of the order, all evidence
65	65	collected in the case, including firearms or other weapons, shall
66	66	be:
67	67	(1) returned to a person claiming a right to or
68	68	interest in the evidence, other than the defendant;
69	69	(2) used for law enforcement purposes;
70	70	(3) sold by law enforcement; or
71	71	(4) destroyed.
72	72	SECTION 2. This Act takes effect September 1, 2023.