Hello all,

I am a clerk in the Lubbock County Criminal District Attorney's Office. We are looking for a series of templates that we could use to help us petition the court for the destruction of blood evidence, while remaining in compliance with the recently passed CCP 38.50. In particular, a sample petition to the court, and a sample letter back to law enforcement agencies authorizing the destruction of evidence would be very helpful, as would any other suggestions on this matter. Thanks in advance!

On our DWI judgments we have incorporated this wording to assist with this issue:

If a blood or urine specimen has been collected in a DWI-related investigation, intoxication or alcoholic beverage offense, the governmental or public entity or individual charged with collecting, storing, preserving, analyzing, or retrieving toxicological evidence to ensure that the specimen is retained and preserved:
1. For the greater of 2 years or the statute of limitations period if a case was not filed;
2. For the duration of the defendants sentence or term of community supervision; or
3. Until the defendant is acquitted or case is dismissed with prejudice.
At the conclusion of the retention period the specimen may be destroyed without further order of the Court.
(Defendant’s initials) ___________


Hope this helps