| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a waiver of the preservation of evidence and the return |
|
|
of a seized weapon in a criminal case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 38, Code of Criminal Procedure, is |
|
|
amended by adding Article 38.51 to read as follows: |
|
|
Art. 38.51. WAIVER OF PRESERVATION OF EVIDENCE AND RETURN |
|
|
OF SEIZED WEAPON. (a) Notwithstanding any other law, after a |
|
|
defendant enters a plea of guilty or nolo contendere in accordance |
|
|
with Article 27.13 or 27.14, as applicable, the defendant, acting |
|
|
with counsel, may knowingly, intelligently, and voluntarily waive |
|
|
the defendant's right to: |
|
|
(1) the preservation of evidence under Article 38.50; |
|
|
and |
|
|
(2) request the return of any seized weapon under |
|
|
Article 18.19. |
|
|
(b) A waiver under this article must be executed in |
|
|
substantially the following written form: |
|
|
WAIVER OF PRESERVATION OF EVIDENCE AND RETURN OF SEIZED WEAPON |
|
|
I, __________________ (defendant's name), defendant in |
|
|
__________________________ (case number), joined by my counsel, |
|
|
waive the right to the preservation of evidence collected in this |
|
|
case and the right to request the return of any seized weapon, as |
|
|
provided below. |
|
|
I understand that under Article 38.50, Code of Criminal |
|
|
Procedure, I would otherwise have the right to have any |
|
|
toxicological evidence collected in this case preserved until I |
|
|
complete my sentence, term of community supervision, or juvenile |
|
|
commitment or supervision period. |
|
|
However, I waive my right to receive notice of and object to |
|
|
the planned destruction of that evidence. |
|
|
I also waive the right to request the return of any seized |
|
|
weapon under Article 18.19, Code of Criminal Procedure. |
|
|
I agree that, as specified under Article 18.19, Code of |
|
|
Criminal Procedure, or other law, all evidence collected in this |
|
|
case, including firearms or other weapons, may be: |
|
|
(1) returned to a person claiming a right to or |
|
|
interest in the evidence, other than myself; |
|
|
(2) used for law enforcement purposes; |
|
|
(3) sold by law enforcement; or |
|
|
(4) destroyed. |
|
|
(c) If the court determines that the waiver described by |
|
|
Subsection (b) was knowingly, intelligently, and voluntarily |
|
|
given, the court shall enter an order stating that, as specified |
|
|
under Article 18.19 or other law and at any date occurring on or |
|
|
after the 120th day after the date of the order, all evidence |
|
|
collected in the case, including firearms or other weapons, shall |
|
|
be: |
|
|
(1) returned to a person claiming a right to or |
|
|
interest in the evidence, other than the defendant; |
|
|
(2) used for law enforcement purposes; |
|
|
(3) sold by law enforcement; or |
|
|
(4) destroyed. |
|
|
(d) A defendant may revoke the waiver under this article |
|
|
until the 120th day after the date of the order. |
|
|
(e) An attorney representing the state may not request that |
|
|
a defendant give a waiver under this article as part of a plea |
|
|
bargain agreement. |
|
|
(f) Notwithstanding any other provision of this article, a |
|
|
crime laboratory, as defined by Article 38.35, may preserve any |
|
|
evidence or work product derived from evidence that the crime |
|
|
laboratory considers necessary to comply with accreditation |
|
|
requirements, laboratory policy, or applicable scientific |
|
|
standards. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |