HB 2728 establishes procedural rules for handling cases where the state is accused of destroying, altering, or losing evidence in criminal proceedings. It mandates that courts must determine whether spoliation occurred before trial, and if evidence is found to have been wrongfully lost or destroyed, the jury must be instructed to presume the missing evidence was favorable to the defendant. The bill also allows courts to impose sanctions on the prosecution or dismiss charges if it is shown that the spoliation was intentional. These rules apply to cases filed on or after September 1, 2025​.