89R8882 LHC-F
By: Huffman S.B. No. 1660
A BILL TO BE ENTITLED
AN ACT
relating to the retention and preservation of toxicological
evidence of certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.50, Code of Criminal Procedure, is
amended by adding Subsections (c-1) and (i) and amending
Subsections (g) and (h) to read as follows:
(c-1) A crime laboratory to which this article applies that
is in possession of toxicological evidence shall annually:
(1) notify the prosecutor's office in the county in
which the alleged offense occurred that the laboratory is in
possession of toxicological evidence for an alleged offense that
occurred in that county; and
(2) provide to the prosecutor's office the date on
which the retention period for the evidence expires as provided by
Subsection (c).
(g) Notice given under this article must be given:
(1) in writing, as soon as practicable, by hand
delivery, e-mail, or first-class [first class] mail to the person's
last known e-mail or mailing address; or
(2) if applicable, orally and in writing on requesting
the specimen under Section 724.015, Transportation Code.
(h) This subsection applies only to toxicological evidence
collected for an alleged offense punishable as a felony. 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 subject to the retention period under Subsection (c)(2) or
(c)(3) for cases in which the prosecutor's office presented the
indictment, information, or petition. If a prosecutor's office
does not provide a written denial of a request to destroy
toxicological evidence before the 60th day after the date the
request is made, the entity or individual charged with storing the
toxicological evidence may destroy the evidence if the retention
period under Subsection (c)(2) or (c)(3) for that evidence has
expired.
(i) This subsection applies only to toxicological evidence
collected for an alleged offense punishable as a misdemeanor. A
prosecutor's office may not require that an entity or individual
charged with storing toxicological evidence request 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 if the retention
period under Subsection (c)(2) or (c)(3) for that evidence has
expired.
SECTION 2. The change in law made by this Act applies only
to evidence for which the appropriate retention and preservation
period under Article 38.50, Code of Criminal Procedure, as amended
by this Act, expires on or after the effective date of this Act.
Evidence for which the appropriate retention and preservation
period expired before the effective date of this Act is governed by
the law in effect on the date of expiration of that period, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.