By: West	S.B. No. 1439
	(In the Senate - Filed March 7, 2013; March 18, 2013, read
	first time and referred to Committee on Criminal Justice;
	April 29, 2013, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 5, Nays 0; April 29, 2013,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 1439	By:  Patrick

	A BILL TO BE ENTITLED
	AN ACT
	relating to evidence technician training and the disposition of
	certain evidence in a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (b), (c), and (d), Article 2.21,
	Code of Criminal Procedure, are amended to read as follows:
	(b)  At any time during or after a criminal proceeding, the
	court reporter shall release for safekeeping any biological
	evidence, firearm, or contraband received as an exhibit in that
	proceeding to:
	(1)  the sheriff; or
	(2)  in a county with a population of 500,000 or more,
	the law enforcement agency that collected, seized, or took
	possession of the biological evidence, firearm, or contraband or
	produced the biological evidence, firearm, or contraband at the
	proceeding.
	(c)  The sheriff or the law enforcement agency, as
	applicable, shall receive and hold the exhibits consisting of
	biological evidence, firearms, or contraband and release them only
	to the person or persons authorized by the court in which such
	exhibits have been received or dispose of them as provided by
	Chapter 18.
	(d)  In this article:
	(1)  "Biological evidence" has the meaning assigned by
	Article 38.43.
	(2)  "Eligible[, "eligible] exhibit" means an exhibit
	filed with the clerk that:
	(A) [(1)]  is not biological evidence, a firearm,
	or contraband;
	(B) [(2)]  has not been ordered by the court to be
	returned to its owner; and
	(C) [(3)]  is not an exhibit in another pending
	criminal action.
	SECTION 2.  Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.48 to read as follows:
	Art. 38.48.  DISPOSITION OF PHYSICAL EVIDENCE RELATED TO
	MISDEMEANOR OFFENSE. (a)  This article applies to physical
	evidence, including blood, that is seized in connection with the
	investigation of a misdemeanor offense.
	(b)  Except as otherwise provided by this chapter, a law
	enforcement agency that is in possession of evidence described by
	Subsection (a), not later than the 60th day after the date on which
	a conviction becomes final in a misdemeanor case, shall file with
	the court in which the offense was prosecuted or any magistrate a
	motion requesting the authority to dispose of the evidence.
	SECTION 3.  Subtitle B, Title 4, Government Code, is amended
	by adding Chapter 412 to read as follows:
	CHAPTER 412. PROPERTY AND EVIDENCE
	Sec. 412.001.  DEFINITIONS. In this chapter:
	(1)  "Department" means the Department of Public Safety
	of the State of Texas.
	(2)  "Evidence" means any item that tends to prove or
	disprove that a criminal act occurred or that can prove or disprove
	guilt or innocence.
	(3)  "Evidence technician" means a person employed by
	or serving a law enforcement agency who receives, preserves,
	stores, disposes of, and accounts for property or evidence that
	comes into the agency's possession.  The term includes a property
	control officer, property attendant, or property specialist.
	(4)  "Extension service" means the Texas A&M
	Engineering Extension Service.
	(5)  "Property" means an item that is placed in a law
	enforcement agency's property room that does not have evidentiary
	value or is not related to or alleged to be related to any criminal
	act.
	Sec. 412.002.  EVIDENCE TECHNICIAN TRAINING PROGRAM.
	(a)  The department and the extension service shall jointly
	establish minimum requirements for evidence technician training
	programs. An evidence technician training program must consist of
	at least eight hours of training.
	(b)  The department shall adopt rules for accrediting an
	evidence technician training program that meets the minimum
	requirements established under Subsection (a).
	Sec. 412.003.  TRAINING REQUIRED. (a)  This state or a
	political subdivision of this state may not appoint or employ a
	person to act as an evidence technician unless the person has
	completed an accredited evidence technician training program.
	(b)  The department shall issue a written acknowledgment of
	satisfactory completion of an accredited evidence technician
	training program to a person who submits evidence of satisfactory
	completion to the department.
	(c)  Notwithstanding Subsection (a), a person who has not
	completed an accredited evidence technician training program may
	act as an evidence technician on a temporary or probationary basis
	or may perform the duties of an evidence technician in an emergency.
	(d)  A person appointed or employed on a temporary or
	probationary basis may not continue to serve as an evidence
	technician after the first anniversary of the date the person is
	appointed or employed unless the person has completed an accredited
	evidence technician training program or the agency appointing or
	employing the person has received permission from the department
	for the person to continue to serve on a temporary or probationary
	basis without completion of a training program.
	SECTION 4.  A person serving, other than on a temporary or
	probationary basis, as an evidence technician as defined by Section
	412.001, Government Code, as added by this Act, on August 31, 2013,
	may continue to serve as an evidence technician without completing
	an accredited evidence technician training program as required by
	Section 412.003, Government Code, as added by this Act.
	SECTION 5.  (a)  Except as provided by Subsection (b) of
	this section, this Act takes effect September 1, 2013.
	(b)  Section 412.003, Government Code, as added by this Act,
	takes effect January 1, 2014.
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