Relating to spoliation of evidence held for use in a criminal proceeding.

HB 2728 requires Texas prosecutors to preserve evidence used in criminal cases and prohibits intentional destruction, alteration, or loss of that evidence. If the state mishandles evidence, defendants can present evidence of this to the court, and if the court finds the violation intentional, the jury must presume the lost evidence would have favored the defendant. The law eliminates the need for defendants to prove the state's specific intent or that the mishandling was a crime. This applies to criminal cases beginning on or after September 1, 2025, directly affecting defendants who claim state misconduct in evidence handling.