Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.
What changed between versions
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.
Added timing requirements stating waivers cannot be executed earlier than 120 days after entering a guilty plea.
Added new subsection (h) prohibiting destruction of evidence until after the 120-day waiting period expires.
Removed the original simpler waiver form and replaced it with more detailed procedural requirements and expanded text.