TITLE: Relating to the disposal of exhibits used in criminal proceedings.

SUMMARY: Relating to the disposal of exhibits used in criminal proceedings.

FULL TEXT:
AN ACT relating to the disposal of exhibits used in criminal proceedings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.21, Code of Criminal Procedure, is amended by amending Subsections (d) and (e) and adding Subsection (e-1) to read as follows: (d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (1) is not a firearm or contraband; (2) has not been ordered by the court to be returned to its owner; and (3) is not an exhibit in any other [another pending] criminal action that is pending final disposition.(e) An eligible exhibit may be disposed of as provided by this article: (1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor [or a felony for which the sentence imposed by the court is five years or less];(2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a [non-capital] felony for which the sentence imposed by the court is [greater than] five years or less;(3) on or after the 10th anniversary of the date on which a conviction becomes final in the case, if the case is a noncapital felony for which the sentence imposed by the court is greater than five years; (4) on or after the first anniversary of the date of the acquittal of a defendant; or (5) [(4)] on or after the first anniversary of the date of the death of a defendant. (e-1) Notwithstanding Subsection (e), if the exhibit is filed in the trial of more than one criminal case, an eligible exhibit may be disposed of beginning on the expiration of the longest period that remains applicable, calculated for each trial according to the dates specified under Subsection (e)(1), (2), (3), (4), or (5), on the date the exhibit becomes an eligible exhibit under Subsection (d). SECTION 2. This Act takes effect September 1, 2021.