Tex.
Code of Crim. Proc. Article 38.50
Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses
(a)
In this article, “toxicological evidence” means a blood or urine specimen that was collected as part of an investigation of an alleged offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code.(b)
This article applies to a governmental or public entity or an individual, including a law enforcement agency, prosecutor’s office, or crime laboratory, that is charged with the collection, storage, preservation, analysis, or retrieval of toxicological evidence.(c)
An entity or individual described by Subsection (b) shall ensure that toxicological evidence collected pursuant to an investigation or prosecution of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, is retained and preserved, as applicable:(1)
for the greater of two years or the period of the statute of limitations for the offense, if the indictment or information charging the defendant, or the petition in a juvenile proceeding, has not been presented or has been dismissed without prejudice;(2)
for the duration of a defendant’s sentence or term of community supervision, as applicable, if the defendant is convicted or placed on community supervision, or for the duration of the commitment or supervision period applicable to the disposition of a juvenile adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision; or(3)
until the defendant is acquitted or the indictment or information is dismissed with prejudice, or, in a juvenile proceeding, until a hearing is held and the court does not find the child engaged in delinquent conduct or conduct indicating a need for supervision.(d)
A person from whom toxicology evidence was collected and, if the person is a minor, the person’s parent or guardian, shall be notified of the periods for which evidence may be retained and preserved under this article. The notice must be given by:(1)
an entity or individual described by Subsection (b) that collects the evidence, if the entity or individual collected the evidence directly from the person or collected it from a third party; or(2)
the court, if the records of the court show that the person was not given the notice described by Subdivision (1) and the toxicological evidence is subject to the retention period under Subsection (c)(2) or (3).(e)
The entity or individual charged with storing toxicological evidence may destroy the evidence on expiration of the applicable retention period:(1)
described by Subsection (c)(1); or(2)
described by Subsection (c)(2) or (c)(3), provided that:(A)
notice was given in accordance with this article; and(B)
if applicable, the prosecutor’s office gives written approval for the destruction under Subsection (h).(f)
To the extent of any conflict between this article and Article 2.21 (Duty of Clerks) or 38.43 (Evidence Containing Biological Material), this article controls.(f)
To the extent of any conflict between this article and Article 2A.155 (Clerk’s Disposal of Certain Exhibits) or 38.43 (Evidence Containing Biological Material), this article controls.(g)
Notice given under this article must be given:(1)
in writing, as soon as practicable, by hand delivery, e-mail, or first class mail to the person’s last known e-mail or mailing address; or(2)
if applicable, orally and in writing on requesting the specimen under Section 724.015 (Information Provided by Officer Before Requesting Specimen; Statement of Consent), Transportation Code.(h)
A prosecutor’s office may require that an entity or individual charged with storing toxicological evidence seek written approval from the prosecutor’s office before destroying toxicological evidence subject to the retention period under Subsection (c)(2) or (c)(3) for cases in which the prosecutor’s office presented the indictment, information, or petition.
Source:
Article 38.50 — Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm#38.50 (accessed Apr. 20, 2024).
