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 Subsection (c-1) 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 laboratory received the evidence.
(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) 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 (3) [(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
90th day after the date the request is made by hand delivery,
certified mail, or e-mail to an address designated by the
prosecutor's office, the entity or individual charged with storing
the toxicological evidence may destroy the evidence if the
retention period under Subsection (c)(2) or (3) for that evidence
has expired.
SECTION 2. Article 38.50(h), Code of Criminal Procedure, as
amended 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.