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