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AN ACT
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relating to the preservation of toxicological evidence collected in |
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connection with certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.50 to read as follows: |
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Art. 38.50. RETENTION AND PRESERVATION OF TOXICOLOGICAL |
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EVIDENCE OF CERTAIN INTOXICATION OFFENSES. (a) In this article, |
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"toxicological evidence" means a blood or urine specimen that was |
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collected as part of an investigation of an alleged offense under |
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Chapter 49, Penal Code. |
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(b) This article applies to a governmental or public entity |
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or an individual, including a law enforcement agency, prosecutor's |
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office, or crime laboratory, that is charged with the collection, |
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storage, preservation, analysis, or retrieval of toxicological |
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evidence. |
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(c) An entity or individual described by Subsection (b) |
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shall ensure that toxicological evidence collected pursuant to an |
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investigation or prosecution of an offense under Chapter 49, Penal |
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Code, is retained and preserved, as applicable: |
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(1) for the greater of two years or the period of the |
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statute of limitations for the offense, if the indictment or |
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information charging the defendant, or the petition in a juvenile |
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proceeding, has not been presented; |
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(2) for the duration of a defendant's sentence or term |
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of community supervision, as applicable, if the defendant is |
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convicted or placed on community supervision, or for the duration |
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of the commitment or supervision period applicable to the |
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disposition of a juvenile adjudicated as having engaged in |
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delinquent conduct or conduct indicating a need for supervision; or |
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(3) until the defendant is acquitted or the indictment |
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or information is dismissed with prejudice, or, in a juvenile |
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proceeding, until a hearing is held and the court does not find the |
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child engaged in delinquent conduct or conduct indicating a need |
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for supervision. |
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(d) For each offense subject to this article, the court |
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shall determine as soon as practicable the appropriate retention |
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and preservation period for the toxicological evidence under |
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Subsection (c) and notify the defendant or the child or child's |
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guardian and the entity or individual charged with storage of the |
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toxicological evidence of the period for which the evidence is to be |
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retained and preserved. If an action of the prosecutor or the court |
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changes the applicable period under Subsection (c), the court shall |
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notify the persons described by this subsection about the change. |
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(e) The entity or individual charged with storing |
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toxicological evidence may destroy the evidence on expiration of |
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the period provided by the notice most recently issued by the court |
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under Subsection (d). |
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(f) To the extent of any conflict between this article and |
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Article 2.21 or 38.43, this article controls. |
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SECTION 2. Article 38.50, Code of Criminal Procedure, as |
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added by this Act, applies to all toxicological evidence stored by |
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an entity or individual on or after the effective date of this Act, |
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regardless of whether the evidence was collected before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1264 was passed by the House on May 8, |
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2015, by the following vote: Yeas 138, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1264 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |