🟡Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.

🟡 SB 1660: New rules for destroying DWI toxicology evidence

What it says it does:
SB 1660 sets up a clearer process for how long toxicology evidence from DWI and intoxication cases must be kept, and how labs can legally destroy it once the retention period ends.

What it actually changes:
Labs must send prosecutors an annual notice of what evidence they hold, including the date it was received. When the retention period expires, labs must request approval before destroying evidence. If prosecutors do not deny within 90 days, the lab can throw it out. Defendants and courts are not included in this notice system.

Who is pushing for it:
Support came from law enforcement groups including CLEAT, TMPA, Sheriffs’ Association of Texas, Houston Police Officers’ Union, plus major cities and counties. The DPS Crime Lab testified “on.”

Who benefits:
Prosecutors gain formal control. Labs and local governments reduce storage costs and liability tied to keeping samples indefinitely.

Who gets left out or exposed:
Defendants and post conviction review efforts have no guaranteed notice. Evidence that could later be useful for appeals or innocence claims may be destroyed by default if prosecutors do not respond.

Why this matters long term:
It creates a precedent where silence by prosecutors equals consent to destroy evidence. The bill prioritizes administrative efficiency over transparency or due process protections.

What to watch next:
Whether future bills expand this silent approval model to other types of evidence or records. Also watch if local offices adopt internal policies to add defense notice, since the statute does not require it.

Bottom line:
SB 1660 is sold as a cleanup bill for evidence rooms, but its structure shifts power to prosecutors and allows destruction of evidence without defense side notice. This makes storage easier for agencies but raises fairness risks for Texans facing or appealing convictions.

#SB1660 #TexasPolicy #TexasCourts #EvidenceRules #WatchTheRules