Has anyone developed prose for judgments for this new law? The judge can "notify" orally and in the judgment itself.
How are your judges handling notifying the entity storing the evidence? Is he / she ordering the Clerk to send a copy of the judgment to the lab?
Here's the new law.
Art. 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, 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;
(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) For each offense subject to this article, the court shall determine as soon as practicable the appropriate retention and preservation period for the toxicological evidence under Subsection (c) and notify the defendant or the child or child's guardian and the entity or individual charged with storage of the toxicological evidence of the period for which the evidence is to be retained and preserved. If an action of the prosecutor or the court changes the applicable period under Subsection (c), the court shall notify the persons described by this subsection about the change.
(e) The entity or individual charged with storing toxicological evidence may destroy the evidence on expiration of the period provided by the notice most recently issued by the court under Subsection (d).
(f) To the extent of any conflict between this article and Article 2.21 or 38.43, this article controls.
Tex. Crim. Proc. Code Ann. § art. 38.50 (West).
We've decided to include a waiver of Art. 38.50 - retention of blood evidence in DWI cases - to our plea memoranda.
(Thanks to Russ Thomason for the idea.)
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