Texas HB2180 allows a defendant to waive the preservation of evidence and the return of a seized weapon in a criminal case.

HB2180 amends the Texas Code of Criminal Procedure to add Article 38.51, which allows a defendant to waive the preservation of evidence and the return of a seized weapon after entering a plea of guilty or nolo contendere. The waiver must be knowingly, intelligently, and voluntarily given, and executed in a specified written form. The court must determine that the waiver was properly given before entering an order. The defendant may revoke the waiver until the 120th day after the date of the order. State attorneys may not request a waiver as part of a plea bargain agreement.

Texas HB2180 allows a defendant to waive the preservation of evidence and the return of a seized weapon in a criminal case.

HB2180 amends the Texas Code of Criminal Procedure to add Article 38.51, which allows a defendant to waive the preservation of evidence and the return of a seized weapon after entering a plea of guilty or nolo contendere. The waiver must be knowingly, intelligently, and voluntarily given, and executed in a specified written form. The court must determine that the waiver was properly given before entering an order. The defendant may revoke the waiver until the 120th day after the date of the order. State attorneys may not request a waiver as part of a plea bargain agreement.