TX HB2728

Requires the state to preserve all evidence in its possession, custody, or control in criminal proceedings, prohibiting destruction, alteration, or loss except when permitted by other law or during forensic analysis

Allows defendants to present evidence and testimony alleging the state caused spoliation, with courts determining by preponderance of evidence whether spoliation occurred, preferably before trial

Defendants alleging spoliation are not required to prove the actor intended wrongful destruction or that the actions constituted a criminal offense

A conviction under Penal Code Section 37.09 (tampering with evidence) creates a presumption of spoliation; if spoliation is found to be intentional, knowing, reckless, or negligent, courts must instruct juries to presume the lost evidence would have favored the defendant

Courts may impose additional sanctions on the state or dismiss charges with prejudice for intentional spoliation; the law applies to criminal proceedings commencing on or after September 1, 2025