Texas Code of Criminal Procedure 2A.155 – Clerk’s Disposal of Certain Exhibits
(a) In this article, “eligible exhibit” means an exhibit filed with the clerk of a court that:
(1) is not a firearm or contraband;
(2) has not been ordered by the court to be returned to its owner; and
(3) is not an exhibit in another pending criminal action.
(b) An eligible exhibit may be disposed of as provided by this article:
(1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less;
(2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a noncapital felony for which the sentence imposed by the court is greater than five years;
(3) on or after the first anniversary of the date of the acquittal of the defendant; or
(4) on or after the first anniversary of the date of the death of the defendant.
Terms Used In Texas Code of Criminal Procedure 2A.155
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Subject to Subsections (d), (e), and (f), a clerk may dispose of an eligible exhibit, including by delivery of the exhibit to the county purchasing agent for disposal as surplus or salvage property under § 263.152, Local Government Code, if on the date provided by Subsection (b) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant.
(d) Before a clerk in a county with a population of less than two million disposes of an eligible exhibit, the clerk must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant. The notice must:
(1) describe the exhibit;
(2) include the name and address of the court holding the exhibit; and
(3) state that the exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice.
(e) If a request is not received by a clerk to whom Subsection (d) applies before the 31st day after the date of notice, the clerk may dispose of the eligible exhibit in the manner permitted by this article.
(f) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the exhibit.
(g) Notwithstanding § 263.156, Local Government Code, or any other law, the commissioners court shall remit 50 percent of any proceeds of the disposal of an eligible exhibit as surplus or salvage property as described by Subsection (c), less the reasonable expense of keeping the exhibit before disposal and the costs of that disposal, to each of the following:
(1) the county treasury, to be used only to defray the costs incurred by the district clerk of the county for the management, maintenance, or destruction of eligible exhibits in the county; and
(2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B.
Text of article effective on January 01, 2025