By: Cunningham	H.B. No. 2180

	A BILL TO BE ENTITLED
	AN ACT
	relating to a waiver of the preservation of evidence and the return
	of a seized weapon in a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.51 to read as follows:
	Art. 38.51.  WAIVER OF PRESERVATION OF EVIDENCE AND RETURN
	OF SEIZED WEAPON. (a) Notwithstanding any other law, after a
	defendant enters a plea of guilty or nolo contendere in accordance
	with Article 27.13 or 27.14, as applicable, the defendant, acting
	with counsel, may knowingly, intelligently, and voluntarily waive
	the defendant's right to:
	(1)  the preservation of evidence under Article 38.50;
	and
	(2)  request the return of any seized weapon under
	Article 18.19.
	(b)  A waiver under this article must be executed in
	substantially the following written form:
	WAIVER OF PRESERVATION OF EVIDENCE AND RETURN OF SEIZED WEAPON
	I, __________________ (defendant's name), defendant in
	__________________________ (case number), joined by my counsel,
	waive the right to the preservation of evidence collected in this
	case and the right to request the return of any seized weapon, as
	provided below.
	I understand that under Article 38.50, Code of Criminal
	Procedure, I would otherwise have the right to have any
	toxicological evidence collected in this case preserved until I
	complete my sentence, term of community supervision, or juvenile
	commitment or supervision period.
	However, I waive my right to receive notice of and object to
	the planned destruction of that evidence.
	I also waive the right to request the return of any seized
	weapon under Article 18.19, Code of Criminal Procedure.
	I agree that, as specified under Article 18.19, Code of
	Criminal Procedure, or other law, all evidence collected in this
	case, including firearms or other weapons, may be:
	(1)  returned to a person claiming a right to or
	interest in the evidence, other than myself;
	(2)  used for law enforcement purposes;
	(3)  sold by law enforcement; or
	(4)  destroyed.
	(c)  If the court determines that the waiver described by
	Subsection (b) was knowingly, intelligently, and voluntarily
	given, the court shall enter an order stating that, as specified
	under Article 18.19 or other law and at any date occurring on or
	after the 120th day after the date of the order, all evidence
	collected in the case, including firearms or other weapons, shall
	be:
	(1)  returned to a person claiming a right to or
	interest in the evidence, other than the defendant;
	(2)  used for law enforcement purposes;
	(3)  sold by law enforcement; or
	(4)  destroyed.
	(d)  A defendant may revoke the waiver under this article
	until the 120th day after the date of the order.
	(e)  An attorney representing the state may not request that
	a defendant give a waiver under this article as part of a plea
	bargain agreement.
	(f)  Notwithstanding any other provision of this article, a
	crime laboratory, as defined by Article 38.35, may preserve any
	evidence or work product derived from evidence that the crime
	laboratory considers necessary to comply with accreditation
	requirements, laboratory policy, or applicable scientific
	standards.
	(g)  Notwithstanding any other provision of this article, a
	waiver executed under this article is void and unenforceable
	unless:
	(1)  the waiver is made in writing, in open court before
	a judge as part of the record and recorded by the court reporter,
	and signed by both the defendant and the defendant's attorney;
	(2)  the waiver is executed not earlier than the 120th
	day after the date the defendant enters a plea of guilty or no
	contendere;
	(3)  the defendant receives and signs an admonishment
	in plain language stating:
	"Waiving your right to the preservation of evidence may
	severely limit your ability to win an appeal or seek
	post-conviction relief.  It may result in the destruction of
	evidence that could have helped prove your innocence.  Once
	destroyed, that evidence cannot be recovered."; and
	(4)  the defendant's attorney certifies in writing that
	the waiver was made freely, voluntarily, and without coercion, and
	that the defendant was fully advised of the consequences of waiving
	the preservation of evidence.
	(h)  Evidence may not be destroyed or disposed of until after
	the 120th day after the date of the order.
	(i)  A waiver under this article may not be requested,
	required, or included as part of any plea agreement or plea bargain
	negotiation.
	SECTION 2.  This Act takes effect September 1, 2025.