House Bill No. 2180 introduces a new provision to the Code of Criminal Procedure, specifically adding Article 38.51, which allows defendants who plead guilty or nolo contendere to waive their rights regarding the preservation of evidence and the return of seized weapons. The waiver must be made knowingly, intelligently, and voluntarily, and it requires a written form to be executed in open court, signed by both the defendant and their attorney. The bill outlines the conditions under which the waiver is valid, including a requirement for the defendant to receive an admonishment about the potential consequences of waiving these rights.

Additionally, the bill stipulates that evidence may not be destroyed or disposed of until 120 days after the court order, and it prohibits any attorney representing the state from requesting such a waiver as part of a plea bargain. The legislation also clarifies that a crime laboratory may preserve evidence necessary for compliance with accreditation requirements, regardless of the waiver. This act is set to take effect on September 1, 2025.