Relating to the retention and preservation of toxicological evidence of certain intoxication offenses, the official text

S.B. No. 1660

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 Subsection (c-1) 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 laboratory received the evidence.

(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) 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 (3) [(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

90th day after the date the request is made by hand delivery,

certified mail, or e-mail to an address designated by the

prosecutor's office, the entity or individual charged with storing

the toxicological evidence may destroy the evidence if the

retention period under Subsection (c)(2) or (3) for that evidence

has expired.

SECTION 2. Article 38.50(h), Code of Criminal Procedure, as

amended 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.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1660 passed the Senate on

May 7, 2025, by the following vote: Yeas 31, Nays 0; May 29, 2025,

Senate refused to concur in House amendments and requested

appointment of Conference Committee; May 30, 2025, House granted

request of the Senate; June 1, 2025, Senate adopted Conference

Committee Report by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1660 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 113,

Nays 23, one present not voting; May 30, 2025, House granted

request of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 109, Nays 25, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor