| (a) Generally. This subchapter describes the documentation
and security provisions to use once the decision to destroy has been made.
(b) Reasonable effort. Before a laboratory, law enforcement
agency, or peace officer destroys an item under this subchapter, the director
recommends but does not require a responsible party to make a reasonable effort
to ensure the item:
(1) has no continuing evidentiary value or significance to
any pending or contemplated criminal case; or
(2) is in excess quantity.
(c) If case filed. If a criminal case was filed involving an
item, the person seeking destruction authorization or contemplating the giving
of authorization to destroy must contact the office of the appropriate prosecutor
or court before destruction to determine whether the item has any continuing
evidentiary significance.
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