HB 2180 Texas House · 89th Legislature (2025)

Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.

HB 2180 allows defendants who plead guilty or no contest to voluntarily waive their legal rights to have evidence (like toxicology samples) preserved until their sentence ends and to request the return of seized weapons. To do this, defendants must sign a written waiver with their lawyer, which a court must approve as "knowing, intelligent, and voluntary." After approval, evidence and weapons can be returned to others, used by police, sold, or destroyed after 120 days. Defendants may revoke the waiver within 120 days, and prosecutors cannot pressure defendants into waiving these rights as part of plea deals.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 14, 2025 Last action May 12, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 7 edits · May 10, 2025
MODERATE
The bill was significantly expanded from a basic waiver provision to include comprehensive procedural safeguards and new requirements for how evidence preservation waivers must be handled in criminal cases. The changes add detailed steps for court oversight, mandatory warnings to defendants, and stricter timing rules to protect defendants' rights.
Scope change
The bill's scope expanded from allowing defendants to waive evidence preservation to requiring specific court procedures, written admonishments, and attorney certifications before any waiver can be valid.
REQUIREMENT

Added new subsection (g) requiring waivers to be made in open court, recorded by a court reporter, and signed by both the defendant and their attorney.

Added mandatory plain-language warning that waiving evidence preservation could severely limit appeal rights and result in permanent destruction of potentially exculpatory evidence.

Added requirement for attorney certification that the waiver was made freely and voluntarily without coercion.

Added new subsection (i) explicitly prohibiting inclusion of waiver requests in any plea agreement or plea bargain negotiations.

TIMELINE

Added timing requirements stating waivers cannot be executed earlier than 120 days after entering a guilty plea.

ENFORCEMENT

Added new subsection (h) prohibiting destruction of evidence until after the 120-day waiting period expires.

TECHNICAL

Removed the original simpler waiver form and replaced it with more detailed procedural requirements and expanded text.

Floor votes · House May 9, 2025

How they voted

1342
Passed · 7 other
Total votes 143
May 9, 2025
D Democratic57
51 Yea 2 Nay 4
89% Yea
R Republican86
83 Yea 3
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
9
Committee
7
Amendments
2
May 12, 2025
Committee
Referred to Criminal Justice
upper
May 12, 2025
Introduced
Read first time
upper
May 12, 2025
Introduced
Received from the House
upper
May 10, 2025
Lower · Passed
Passed
lower
May 9, 2025
Lower · Passed
Passed to engrossment as amended
lower
May 9, 2025
Lower · Passed
Amended
lower
May 9, 2025
House · Passed
House Vote: pass (134-2-7)
house
Apr 29, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 28, 2025
Lower · Passed
Committee report distributed
lower
Apr 22, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 8, 2025
Lower · Passed
Left pending in committee
lower
Apr 8, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 14, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 14, 2025
Introduced
Read first time
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Charles Cunningham
Charles Cunningham
RRepublican
TX
127