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| 4 | 10 | | |
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| 5 | 11 | | |
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| 6 | 12 | | A BILL TO BE ENTITLED |
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| 7 | 13 | | AN ACT |
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| 8 | 14 | | relating to the retention and preservation of toxicological |
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| 9 | 15 | | evidence of certain intoxication offenses. |
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| 10 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 17 | | SECTION 1. Article 38.50, Code of Criminal Procedure, is |
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| 12 | 18 | | amended by adding Subsection (c-1) and amending Subsections (g) and |
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| 13 | 19 | | (h) to read as follows: |
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| 14 | 20 | | (c-1) A crime laboratory to which this article applies that |
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| 15 | 21 | | is in possession of toxicological evidence shall annually: |
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| 16 | 22 | | (1) notify the prosecutor's office in the county in |
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| 17 | 23 | | which the alleged offense occurred that the laboratory is in |
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| 18 | 24 | | possession of toxicological evidence for an alleged offense that |
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| 19 | 25 | | occurred in that county; and |
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| 20 | 26 | | (2) provide to the prosecutor's office the date on |
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| 21 | 27 | | which the laboratory received the evidence. |
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| 22 | 28 | | (g) Notice given under this article must be given: |
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| 23 | 29 | | (1) in writing, as soon as practicable, by hand |
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| 24 | 30 | | delivery, e-mail, or first-class [first class] mail to the person's |
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| 25 | 31 | | last known e-mail or mailing address; or |
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| 26 | 32 | | (2) if applicable, orally and in writing on requesting |
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| 27 | 33 | | the specimen under Section 724.015, Transportation Code. |
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| 28 | 34 | | (h) A prosecutor's office may require that an entity or |
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| 29 | 35 | | individual charged with storing toxicological evidence seek |
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| 30 | 36 | | written approval from the prosecutor's office before destroying |
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| 31 | 37 | | toxicological evidence subject to the retention period under |
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| 32 | 38 | | Subsection (c)(2) or (3) [(c)(3)] for cases in which the |
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| 33 | 39 | | prosecutor's office presented the indictment, information, or |
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| 34 | 40 | | petition. If a prosecutor's office does not provide a written |
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| 35 | 41 | | denial of a request to destroy toxicological evidence before the |
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| 36 | 42 | | 90th day after the date the request is made by hand delivery, |
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| 37 | 43 | | certified mail, or e-mail to an address designated by the |
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| 38 | 44 | | prosecutor's office, the entity or individual charged with storing |
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| 39 | 45 | | the toxicological evidence may destroy the evidence if the |
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| 40 | 46 | | retention period under Subsection (c)(2) or (3) for that evidence |
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| 41 | 47 | | has expired. |
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| 42 | 48 | | SECTION 2. Article 38.50(h), Code of Criminal Procedure, as |
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| 43 | 49 | | amended by this Act, applies only to evidence for which the |
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| 44 | 50 | | appropriate retention and preservation period under Article 38.50, |
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| 45 | 51 | | Code of Criminal Procedure, as amended by this Act, expires on or |
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| 46 | 52 | | after the effective date of this Act. Evidence for which the |
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| 47 | 53 | | appropriate retention and preservation period expired before the |
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| 48 | 54 | | effective date of this Act is governed by the law in effect on the |
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| 49 | 55 | | date of expiration of that period, and the former law is continued |
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| 50 | 56 | | in effect for that purpose. |
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| 51 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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