Texas 2025 - 89th Regular

Texas House Bill HB2180 Compare Versions

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Version 2 (New)

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1	1	89R6100 EAS-F
2	2	By: Cunningham H.B. No. 2180
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a waiver of the preservation of evidence and the return
10	10	of a seized weapon in a criminal case.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 38, Code of Criminal Procedure, is
13	13	amended by adding Article 38.51 to read as follows:
14	14	Art. 38.51. WAIVER OF PRESERVATION OF EVIDENCE AND RETURN
15	15	OF SEIZED WEAPON. (a) Notwithstanding any other law, after a
16	16	defendant enters a plea of guilty or nolo contendere in accordance
17	17	with Article 27.13 or 27.14, as applicable, the defendant, acting
18	18	with counsel, may knowingly, intelligently, and voluntarily waive
19	19	the defendant's right to:
20	20	(1) the preservation of evidence under Article 38.50;
21	21	and
22	22	(2) request the return of any seized weapon under
23	23	Article 18.19.
24	24	(b) A waiver under this article must be executed in
25	25	substantially the following written form:
26	26	WAIVER OF PRESERVATION OF EVIDENCE AND RETURN OF SEIZED WEAPON
27	27	I, __________________ (defendant's name), defendant in
28	28	__________________________ (case number), joined by my counsel,
29	29	waive the right to the preservation of evidence collected in this
30	30	case and the right to request the return of any seized weapon, as
31	31	provided below.
32	32	I understand that under Article 38.50, Code of Criminal
33	33	Procedure, I would otherwise have the right to have any
34	34	toxicological evidence collected in this case preserved until I
35	35	complete my sentence, term of community supervision, or juvenile
36	36	commitment or supervision period.
37	37	However, I waive my right to receive notice of and object to
38	38	the planned destruction of that evidence.
39	39	I also waive the right to request the return of any seized
40	40	weapon under Article 18.19, Code of Criminal Procedure.
41	41	I agree that, as specified under Article 18.19, Code of
42	42	Criminal Procedure, or other law, all evidence collected in this
43	43	case, including firearms or other weapons, may be:
44	44	(1) returned to a person claiming a right to or
45	45	interest in the evidence, other than myself;
46	46	(2) used for law enforcement purposes;
47	47	(3) sold by law enforcement; or
48	48	(4) destroyed.
49	49	(c) If the court determines that the waiver described by
50	50	Subsection (b) was knowingly, intelligently, and voluntarily
51	51	given, the court shall enter an order stating that, as specified
52	52	under Article 18.19 or other law and at any date occurring on or
53	53	after the 120th day after the date of the order, all evidence
54	54	collected in the case, including firearms or other weapons, shall
55	55	be:
56	56	(1) returned to a person claiming a right to or
57	57	interest in the evidence, other than the defendant;
58	58	(2) used for law enforcement purposes;
59	59	(3) sold by law enforcement; or
60	60	(4) destroyed.
61	61	(d) A defendant may revoke the waiver under this article
62	62	until the 120th day after the date of the order.
63	63	(e) An attorney representing the state may not request that
64	64	a defendant give a waiver under this article as part of a plea
65	65	bargain agreement.
66	66	(f) Notwithstanding any other provision of this article, a
67	67	crime laboratory, as defined by Article 38.35, may preserve any
68	68	evidence or work product derived from evidence that the crime
69	69	laboratory considers necessary to comply with accreditation
70	70	requirements, laboratory policy, or applicable scientific
71	71	standards.
72	72	SECTION 2. This Act takes effect September 1, 2025.