Bill Text: TX HB615 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the destruction of certain biological evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to Homeland Security & Public Safety [HB615 Detail]
Download: Texas-2019-HB615-Introduced.html
| 86R3393 AJZ-D | ||
| By: Neave | H.B. No. 615 | |
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| relating to the destruction of certain biological evidence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 38.43, Code of Criminal Procedure, is | ||
| amended by amending Subsection (d) and adding Subsection (d-1) to | ||
| read as follows: | ||
| (d) Subject to Subsection (d-1), the [ |
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| representing the state, clerk, or other officer in possession of | ||
| biological evidence described by Subsection (a) may destroy the | ||
| evidence, but only if the attorney, clerk, or officer by mail | ||
| notifies the defendant, the last attorney of record for the | ||
| defendant, and the convicting court of the decision to destroy the | ||
| evidence and a written objection is not received by the attorney, | ||
| clerk, or officer from the defendant, attorney of record, or court | ||
| before the 91st day after the later of the following dates: | ||
| (1) the date on which the attorney representing the | ||
| state, clerk, or other officer receives proof that the defendant | ||
| received notice of the planned destruction of evidence; or | ||
| (2) the date on which notice of the planned | ||
| destruction of evidence is mailed to the last attorney of record for | ||
| the defendant. | ||
| (d-1) In addition to the notification required by | ||
| Subsection (d), the attorney representing the state, clerk, or | ||
| other officer in possession of a sexual assault examination kit may | ||
| destroy the contents of the sexual assault examination kit, but | ||
| only if the attorney, clerk, or officer by mail notifies the victim | ||
| of the offense of the decision to destroy the contents of the kit | ||
| and a written objection is not received by the attorney, clerk, or | ||
| officer from the victim before the 91st day after the date on which | ||
| the attorney, clerk, or officer receives proof that the victim | ||
| received notice of the planned destruction of the contents of the | ||
| kit. | ||
| SECTION 2. The change in law made by this Act to Article | ||
| 38.43, Code of Criminal Procedure, applies only to biological | ||
| evidence destroyed on or after the effective date of this Act. | ||
| Biological evidence destroyed before the effective date of this Act | ||
| is governed by the law that was in effect immediately before the | ||
| effective date of this Act, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
