| 1 | 1 | | 88R9265 CJD-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 3354 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the timely testing of evidence for controlled |
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| 8 | 8 | | substances and dangerous drugs and the dismissal of certain |
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| 9 | 9 | | criminal charges. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 38.51 to read as follows: |
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| 13 | 13 | | Art. 38.51. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES OR |
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| 14 | 14 | | DANGEROUS DRUGS. (a) In this article: |
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| 15 | 15 | | (1) "Controlled substance" has the meaning assigned by |
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| 16 | 16 | | Section 481.002, Health and Safety Code. |
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| 17 | 17 | | (2) "Dangerous drug" has the meaning assigned by |
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| 18 | 18 | | Section 483.001, Health and Safety Code. |
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| 19 | 19 | | (b) Evidence that may contain a controlled substance or |
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| 20 | 20 | | dangerous drug that is seized by a law enforcement agency in |
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| 21 | 21 | | connection with a criminal action must be submitted to a laboratory |
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| 22 | 22 | | to be tested using validated laboratory procedures and sampling |
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| 23 | 23 | | protocols to determine whether the substance is a controlled |
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| 24 | 24 | | substance or dangerous drug. |
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| 25 | 25 | | (c) The court shall dismiss a charge for an offense under |
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| 26 | 26 | | Subchapter D, Chapter 481, Health and Safety Code, or Subchapter C, |
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| 27 | 27 | | Chapter 483, Health and Safety Code, involving the manufacture, |
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| 28 | 28 | | delivery, or possession of a controlled substance or dangerous drug |
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| 29 | 29 | | if the testing required under this article is not completed before |
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| 30 | 30 | | the 30th day after the date the seizure occurred. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to evidence seized on or after the effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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