Texas Code of Criminal Procedure

§ 38.50 — RETENTION AND PRESERVATION OF TOXICOLOGICAL EVIDENCE OF CERTAIN INTOXICATION OFFENSES

CR § 38.50Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS

Statute text

(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, 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, 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. (c-1) A crime laboratory to which this article applies that is in possession of toxicological evidence shall annually:

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 840 (S.B. 335), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.022, eff. January 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1147 (S.B. 1660), Sec. 1, eff. September 1, 2025.