[dom385]

Does anyone have a blanket destruction order for OLD evidence.

[dickey19]

I copied and pasted what I have below. It won’t let me attach a document.
Good luck, I have tried to get 3 Chief’s and 2 DA’s to sign off on this. Only one Chief agreed.

OFFICE OF THE CHIEF OF POLICE
_______________ POLICE DEPARTMENT

CHIEF’S MEMORANDUM

TO: Property and Evidence Unit
SUBJECT:Disposal of property and evidence
DATE:

In order to deal with the critical overstock of property and evidence in the Property and Evidence Unit, and after consulting with the ____________ County District Attorney’s Office, all evidence and property associated with any case that it is not the subject of a court order or a request to retain/preserve evidence, and fits one of the two below criteria may be disposed of per the provisions of departmental policy:

1. Any case that is not charged or being actively investigated and meets one of the criteria below:
a. Misdemeanor/infraction cases two years old or older whose statute of limitations is two years as defined by Texas Penal Code Chapter 12, except for firearm related cases.
b. Felony property crimes three years or older whose statute of limitations is three years as defined by Texas Penal Code Chapter 12.
c. Health and Safety Code cases three years or older whose statute of limitation is three years as defined by Texas Penal Code Chapter 481.

OR

2. Any case that has been adjudicated that is not a sex crime, firearm related case, kidnapping (Chapter 20 PC), first degree burglary (Chapter 30 PC), robbery (Chapter 29 PC), assault with a deadly weapon (Chapter 22 PC), shooting at a dwelling or vehicle (Chapter 42 PC), or attempted murder or murder (Chapter 19 PC) and meets one of the below criteria:
a. Misdemeanor/infraction case whose statute of limitation is two years as defined by Texas Penal Code Chapter 12.
b. Felony case whose statute of limitations is three years as defined by Texas Penal Code Chapter 12.
c. Health and Safety Code whose statute of limitation is three years as defined by Texas Penal Code Chapter 481.

The Property and Evidence Unit Supervisor shall ensure that all items to be destroyed meet the above criteria prior to destruction. The Property and Evidence Unit Supervisor shall not interpret this order to mean that all items that fit these criteria must be destroyed and shall use their discretion when determining what items should be destroyed.

Reviewed by: By order of:

__________________________________ ______________________________
District Attorney Chief of Police
___________ County District Attorney’s Office ________________ Police Department

[Author]

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