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File retention - death penalty case - defendant executed

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April 21, 2008, 08:50
ML
File retention - death penalty case - defendant executed
Are there any statutory restrictions re the destruction of a death penalty case file/evidence where the defendant has been executed? I'm covered on my records retention schedule but I just wanted to make sure that there were no statutory issues with respect to dp cases. Thanks.
April 21, 2008, 09:24
JohnR
Check out the retentions schedules published by the Texas State Library. Public Safety Agency Retention Schedules

Note that you need to see what policies you have adopted in order to follow the schedule.

Last I checked, you need only retain any type of case file for as long as it is adminstratively valuable. In making that determination, you need to think about issues like co-defendants, cooperating witnesses, and any others who jump out of the woodwork 10, 20, or 30 years down the road.

Note that evidence, as opposed to files, will be governed by laws like Article 38.43.

I worked on a policy for another office once. That policy was to hold the file for at least a year after any execution, and to further retain it as long as a codefendant for the same crime had not discharged sentence.