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TX HB2180
Bill
Status
5/10/2025
Primary Sponsor
Charles Cunningham
Click for details
AI Summary
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Allows defendants who plead guilty or nolo contendere to voluntarily waive their right to preservation of toxicological evidence and the right to request return of seized weapons, but only when acting with counsel
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Requires the waiver to be executed in writing, in open court, signed by both defendant and attorney, and cannot occur earlier than 120 days after the guilty plea is entered
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Mandates defendants receive a plain-language admonishment warning that waiving evidence preservation may limit appeals, prevent proving innocence, and result in permanent destruction of evidence
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Prohibits prosecutors from requesting or including the waiver as part of any plea bargain agreement or negotiation
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Provides a 120-day window after the court order during which the defendant may revoke the waiver and evidence cannot be destroyed; allows crime laboratories to retain evidence needed for accreditation or scientific standards
Legislative Description
Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.
Property Interests
Last Action
Referred to Criminal Justice
5/12/2025