1. Evidence Preservation/Records Retention
Court Reporter/Forms/Statues, etc.
Tracy Hopper and Paula Gibson from the Harris County District Clerk

2. Rules in Texas Code of Criminal Procedure
Art Duty of the Clerks
Art Evidence Containing Biological Material
Art Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses
Both Art and Art will have control over Art if there is any conflicts

3. Art. 2.21 Duty of the Clerks Art. 2.21. DUTY OF CLERKS.
(a) In a criminal proceeding, a clerk of the district or county court shall: (1) receive and file all papers; (2) receive all exhibits at the conclusion of the proceeding; (3) issue all process; (4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state; (5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state, and (6) perform all other duties imposed on the clerk by law.
(b) At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to: (1) the sheriff; or (2) in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding.

4. Art. 2.21 Duty of the Clerks - Continued
(c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18.
(d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (1) is not a firearm or contraband; (2) has not been ordered by the court to be returned to its owner; and (3) is not an exhibit in another pending criminal action.
(g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit.
(h) The notice under Subsection (g) of this article must:
(1) describe the eligible exhibit;
(2) give the name and address of the court holding the exhibit; and
(3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice.

5. Art. 38.43. PRESERVATION OF EVIDENCE CONTAINING BIOLOGICAL MATERIAL
A governmental or public entity or an individual, including a law enforcement agency, prosecutor's office, court, public hospital, or crime laboratory, that is charged with the collection, storage, preservation, analysis, or retrieval of biological evidence shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved.
We do not keep DNA evidence, we have exhibits with possible DNA on them but we are not charged with storing DNA evidence. Our exhibits are only stored after the conclusion of the case.
(f) The Department of Public Safety shall adopt standards and rules authorizing a county with a population less than 100,000 to ensure the preservation of biological evidence by promptly delivering the evidence to the Department of Public Safety for storage in accordance with Section , Government Code, and department rules.

6. Court Reporter’s Role Keeps evidence during trial
Evidence is label/tagged in Court
Once case is completed
Fills out evidence card(s) – triplet form
Turns over evidence to the Clerk
Exceptions are: guns and drugs - Art (6)(b)
Court Reporter Record is turned over to the Clerk
On appeal – disk (CD)
Death/Capital case – paper and CD

7. Clerk Role
Clerk verifies (checks off) each item turned over for exhibits
Most of all the exhibits get bagged, labeled, boxed up and stored
Larger items come in tagged and stored together
Even if the reporter bags the exhibit, the clerk will also bag it
Paper Exhibits
Kept exactly as received
Sealed Exhibits will be scanned as part of the official electronic record (due to storage space)
Exhibits are entered in a system that helps our exhibit clerk track and find locations for cases easily

8. Clerk - Continued Copies of Exhibits
After receiving Court Order to release evidence
We use the back of the exhibit card to check in and out
Copies of Exhibits
Paper Exhibits can be copied and charged a 1.00 per page if requested
CD/DVD Exhibits (911 calls, etc.) can be copied if requested per CD/DVD
Originals will need a court order to release
Burn CD for customers of court reporter records – 1.00 per CD
We do not keep DNA evidence, we have exhibits with possible DNA on them but we are not charged with storing DNA evidence. Our exhibits are only stored after the conclusion of the case.

9. Orders and Forms
“Print Rite, Inc.” form for our Exhibit Cards – triplet form
Free Form order filed by requestor.
Notice to Dispose of Exhibits (example on listserv)

17. Records Retention Civil Mistrial / Not Guilty / Acquittals
2 years after Judgment / Final Mandate
Mistrial / Not Guilty / Acquittals
Can destroy after 1 year
Non – Capital
If conviction is 5 years or less – years of conviction + 1
If conviction over 5 years – years of conviction + 2
Capital
Indefinitely
Death of Defendant (non-capitals)
1 year after death

18. Technology Used
Custom Built system for storing exhibit information to track each case exhibits, checked in and out, location, notes, etc.
Court Orders are scanned into the electronic case file for viewing
Software to burn CDs – CDBurnerXP (Yes it is Free)

20. Burning CD’s

21. Questions?