Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2180, addresses the waiver of preservation of evidence and the return of a seized weapon in criminal cases. The bill allows a criminal defendant, after entering a plea of guilty or nolo contendere, to knowingly, intelligently, and voluntarily waive two specific rights: the right to the preservation of evidence collected in the case, including toxicological evidence, and the right to request the return of any weapon seized as evidence. This waiver must be executed in writing and must be joined by the defendant’s legal counsel to ensure it is made knowingly, intelligently, and voluntarily. The court must then review and approve the waiver.

If the waiver is approved, the court will issue an order specifying that, after a period of 120 days, the evidence, including firearms or other weapons, may be returned to a person claiming a right to it (other than the defendant), used for law enforcement purposes, sold by law enforcement, or destroyed. Importantly, the defendant retains the right to revoke this waiver within the 120-day period. The bill explicitly prohibits the prosecution from requesting such a waiver as part of a plea bargain agreement, maintaining the defendant's autonomy in making this decision. Additionally, crime laboratories may continue to retain evidence or any derivative work as necessary to meet accreditation requirements or scientific standards.

The bill is designed to streamline the handling of evidence and seized weapons post-conviction while safeguarding the defendant's right to voluntarily relinquish these rights. HB 2180 is set to take effect on September 1, 2025.

The original version of HB 2180 and its committee substitute both address the waiver of the preservation of evidence and the return of a seized weapon in criminal cases. However, there are notable differences between the two versions, primarily concerning the procedural safeguards and the role of the defendant's autonomy.

In the original version of HB 2180, the bill straightforwardly allows a criminal defendant, after entering a guilty plea or nolo contendere, to waive the right to the preservation of evidence and the return of any seized weapon. The waiver must be made knowingly, intelligently, and voluntarily with legal counsel present. The bill also specifies that the waiver must be in a written format, detailing the defendant’s understanding and acknowledgment of the rights being waived. The original bill places a 120-day period during which the waiver can be revoked by the defendant, and the prosecution is explicitly prohibited from requesting the waiver as part of a plea bargain. Additionally, crime laboratories retain the right to preserve evidence if needed for accreditation or scientific standards.

The primary difference in the committee substitute version lies in additional procedural safeguards and clarifications. The substitute makes the waiver process more structured by requiring the court to explicitly determine that the waiver was made voluntarily, knowingly, and intelligently before issuing an order. Furthermore, the substitute emphasizes that the order for evidence disposal only takes effect after 120 days from the order date, rather than immediately. This added clarity ensures that defendants have a well-defined period to reconsider their waiver decision. Moreover, the substitute explicitly states that the use, sale, or destruction of evidence, including firearms, must align with Article 18.19 or other applicable law.

Overall, the committee substitute of HB 2180 places a greater emphasis on judicial oversight and the protection of the defendant's rights, while the original version is more direct and less nuanced in its approach to waiving rights and disposing of evidence. The adjustments in the committee substitute reflect a consideration for due process and the potential need for defendants to change their decision within a reasonable timeframe.

Author (1)

Charles Cunningham

Contact the Author

Rep. Charles Cunningham

Capitol Phone:

(512) 463-0520

Capitol Office:

EXT E2.410

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB) no significant fiscal impact to the state is anticipated as a result of HB 2180’s implementation. The analysis indicates that any costs associated with enacting HB 2180 could be managed using existing resources within the relevant state agencies.

Additionally, the LBB notes that there are no expected significant fiscal implications for local government units. The assessment takes into account input from relevant state agencies, including the Office of Court Administration, the Texas Judicial Council, and the Department of Public Safety. These agencies did not project any substantial additional expenses or resource demands resulting from the proposed changes to the handling of evidence preservation and the return of seized weapons in criminal cases.

In summary, HB 2180 is expected to have a negligible fiscal impact on both state and local government budgets, as existing resources are deemed sufficient to cover any related administrative processes.

Vote Recommendation Notes

HB 2180 seeks to address a significant logistical and financial burden faced by law enforcement agencies across Texas: the long-term preservation of evidence even after a defendant has pled guilty and relinquished the right to appeal. As noted in the bill analysis, the current practice has led to overcrowded evidence rooms and the construction of temporary holding areas, which results in unnecessary expenditures. By allowing defendants to voluntarily waive their right to evidence preservation and the return of seized weapons after a guilty or nolo contendere plea, the bill facilitates a more efficient use of law enforcement resources.

The bill upholds several core liberty principles. First, it supports Personal Responsibility by requiring the waiver to be made knowingly, intelligently, and voluntarily with legal counsel present. This ensures that defendants take responsibility for their decision to relinquish rights related to evidence preservation and weapon return. Additionally, HB 2180 aligns with the principle of Limited Government by reducing the burden on public resources related to evidence storage, thus preventing unnecessary expansion of government facilities or funding to accommodate growing evidence inventories.

The bill also preserves Individual Liberty by prohibiting prosecutors from demanding such waivers as part of plea bargains, ensuring that defendants maintain autonomy over their legal rights. The inclusion of provisions allowing crime laboratories to maintain evidence when necessary for compliance with scientific or accreditation standards further balances efficiency with public safety and due process. Given these considerations, HB 2180 strikes a prudent balance between individual rights and practical law enforcement needs, and thus merits a Yes vote. Texas Policy Research recommends that lawmakers vote YES on HB 2180.

Individual Liberty: HB 2180 positively impacts individual liberty by safeguarding the defendant’s autonomy. The bill explicitly prohibits prosecutors from requiring defendants to waive evidence preservation or weapon return rights as part of a plea bargain. This ensures that the decision to relinquish these rights remains entirely voluntary, protecting defendants from potential coercion. By establishing that waivers must be made knowingly, intelligently, and voluntarily, the bill respects the individual's right to make informed legal decisions.
Personal Responsibility: The bill strongly reinforces personal responsibility by making it clear that the waiver of rights must be a conscious and deliberate choice made by the defendant in the presence of legal counsel. This requirement ensures that individuals take ownership of their decision to forgo evidence preservation or the return of seized weapons. Furthermore, the provision allowing defendants to revoke the waiver within 120 days demonstrates a balanced approach, giving individuals time to reconsider while still holding them accountable for their initial decision.
Free Enterprise: HB 2180 has a neutral impact on free enterprise. The bill primarily addresses criminal justice procedures and evidence management rather than business practices or economic activities. However, to the extent that it reduces the need for additional public storage facilities or temporary holding rooms, it could indirectly limit public sector expansion, which might otherwise compete with private storage solutions.
Private Property Rights: The bill’s impact on private property rights is mixed but generally protective. On one hand, it allows defendants to waive their right to request the return of seized weapons. However, it also clearly outlines that evidence, including firearms, may be returned to rightful claimants (other than the defendant) after the court order. By ensuring that weapons are not automatically forfeited to the state but may be returned to legitimate owners, the bill protects the property rights of third parties.
Limited Government: HB 2180 supports the principle of limited government by reducing the administrative and financial burden on law enforcement agencies. The bill addresses the inefficient practice of indefinite evidence storage in cases where the defendant has pled guilty and waived the right to appeal. By streamlining the process for disposing of evidence and seized weapons, the bill minimizes unnecessary government expansion, including the use of public funds for storage solutions. Furthermore, allowing crime laboratories to retain evidence for compliance purposes ensures that public safety and scientific integrity are maintained without imposing excessive requirements on state resources.

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