Texas HB2728 establishes rules for the preservation of evidence in criminal proceedings, including presumptions and jury instructions for spoliation.

Texas HB2728 amends the Code of Criminal Procedure to include a new Article 38.495 on spoliation of evidence. The state is required to preserve evidence in its possession, custody, or control, except when it reasonably occurs during forensic analysis. If evidence is destroyed, altered, or lost, the court must determine if this was due to the state's act or omission. If intentional, knowing, reckless, or negligent, the jury is instructed to presume the lost evidence would have been favorable to the defendant. The court may impose sanctions or dismiss charges if the violation was intentional.

Texas HB2728 establishes rules for the preservation of evidence in criminal proceedings, including presumptions and jury instructions for spoliation.

Texas HB2728 amends the Code of Criminal Procedure to include a new Article 38.495 on spoliation of evidence. The state is required to preserve evidence in its possession, custody, or control, except when it reasonably occurs during forensic analysis. If evidence is destroyed, altered, or lost, the court must determine if this was due to the state's act or omission. If intentional, knowing, reckless, or negligent, the jury is instructed to presume the lost evidence would have been favorable to the defendant. The court may impose sanctions or dismiss charges if the violation was intentional.