TO:	Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB335 by Johnson (relating to the taking of a specimen to test for intoxication and retention and preservation of toxicological evidence of certain intoxication offenses.), Committee Report 1st House, Substituted

The bill would amend the Code of Criminal Procedure to require either the associated governmental or public entity (law enforcement agency, prosecutor's office, or crime laboratory) charged with collecting, storing, preserving, analyzing, or retrieving toxicological evidence or the corresponding court to notify a defendant or individual charged that the applicable period for retention and preservation of the evidence has expired. Under the bill's provisions, notice of the retention period or expiration of the retention period must be given by first class mail, by email, or by hand delivery.

The bill would provide that a prosecutor's office may require that an entity or individual charged with storing toxicological evidence seek written approval from the prosecutor's office before destroying toxicological evidence for cases in which the prosecutor's office presented the indictment, information, or petition.

The bill would also provide that where a person consents to the request of an officer to submit a toxicological specimen, the officer shall obtain written consent.

Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.