89R8882 LHC-F     By: Huffman S.B. No. 1660       A BILL TO BE ENTITLED   AN ACT   relating to the retention and preservation of toxicological   evidence of certain intoxication offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 38.50, Code of Criminal Procedure, is   amended by adding Subsections (c-1) and (i) and amending   Subsections (g) and (h) to read as follows:          (c-1)  A crime laboratory to which this article applies that   is in possession of toxicological evidence shall annually:                (1)  notify the prosecutor's office in the county in   which the alleged offense occurred that the laboratory is in   possession of toxicological evidence for an alleged offense that   occurred in that county; and                (2)  provide to the prosecutor's office the date on   which the retention period for the evidence expires as provided by   Subsection (c).          (g)  Notice given under this article must be given:                (1)  in writing, as soon as practicable, by hand   delivery, e-mail, or first-class [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, Transportation Code.          (h)  This subsection applies only to toxicological evidence   collected for an alleged offense punishable as a felony.  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.  If a prosecutor's office   does not provide a written denial of a request to destroy   toxicological evidence before the 60th day after the date the   request is made, the entity or individual charged with storing the   toxicological evidence may destroy the evidence if the retention   period under Subsection (c)(2) or (c)(3) for that evidence has   expired.          (i)  This subsection applies only to toxicological evidence   collected for an alleged offense punishable as a misdemeanor.  A   prosecutor's office may not require that an entity or individual   charged with storing toxicological evidence request written   approval from the prosecutor's office before destroying   toxicological evidence for cases in which the prosecutor's office   presented the indictment, information, or petition if the retention   period under Subsection (c)(2) or (c)(3) for that evidence has   expired.          SECTION 2.  The change in law made by this Act applies only   to evidence for which the appropriate retention and preservation   period under Article 38.50, Code of Criminal Procedure, as amended   by this Act, expires on or after the effective date of this Act.     Evidence for which the appropriate retention and preservation   period expired before the effective date of this Act is governed by   the law in effect on the date of expiration of that period, and the   former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.