Bill Text: TX HB3501 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to retention and preservation of toxicological evidence of certain intoxication offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Criminal Jurisprudence [HB3501 Detail]
Download: Texas-2019-HB3501-Introduced.html
86R11816 JSC-F | ||
By: González of Dallas | H.B. No. 3501 |
|
||
|
||
relating to 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 amending Subsections (d) and (e) and adding Subsections | ||
(d-1) and (d-2) to read as follows: | ||
(d) For each offense subject to this article, the court | ||
shall determine as soon as practicable the appropriate retention | ||
and preservation period for the toxicological evidence under | ||
Subsection (c)(2) or (3), as applicable, [ |
||
defendant or the child or child's guardian and the entity or | ||
individual charged with storage of the toxicological evidence of | ||
the period for which the evidence is to be retained and | ||
preserved. If an action of the prosecutor or the court changes the | ||
applicable period under Subsection (c)(2) or (3) [ |
||
shall notify the persons described by this subsection about the | ||
change. | ||
(d-1) For each offense subject to this article for which the | ||
appropriate retention and preservation period under Subsection | ||
(c)(2) or (3) expires before delivery of the notice required by | ||
Subsection (d), the court shall, as soon as practicable, notify the | ||
defendant or the child or child's guardian and the entity or | ||
individual charged with storage of the toxicological evidence that | ||
the applicable period under Subsection (c)(2) or (3) has expired. | ||
(d-2) Notice to parties under Subsection (d) or (d-1) must | ||
be given by: | ||
(1) mailing notice by first-class mail addressed to | ||
the individual or entity at the last known mailing address in the | ||
records of the court; | ||
(2) sending notice electronically to the last known | ||
electronic mail address in the records of the court; or | ||
(3) hand delivery. | ||
(e) The entity or individual charged with storing | ||
toxicological evidence may destroy the evidence on expiration of | ||
the period: | ||
(1) described by Subsection (c)(1); or | ||
(2) provided by the notice most recently issued by the | ||
court under Subsection (d) or (d-1). | ||
SECTION 2. The change in law made by this Act applies only | ||
to evidence for which the 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 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, 2019. |