Criminal investigation documentation — Definition

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  1. (a) As used in this section, “criminal investigation documentation” includes without limitation:

    1. (1) Incident or offense reports;

    2. (2) Arrest warrant records;

    3. (3) Search warrant records; and

    4. (4) Investigative case files, including:

      1. (A) Photographs;

      2. (B) Lab reports; and

      3. (C) Audiovisual media.

  2. (b) Criminal investigation documentation shall be retained for the following periods of time:

    1. (1) If the documentation is associated with a Class Y or Class A felony, it shall be retained for at least thirty (30) years;

    2. (2) If the documentation is associated with a non-Class Y felony, it shall be retained for at least ten (10) years;

    3. (3) If the documentation is associated with a misdemeanor or violation, it shall be retained for at least five (5) years; and

    4. (4) If the documentation relates to a civil matter or other noncriminal matter, it shall be retained for at least three (3) years.

  3. (c) Criminal investigation documentation may be disposed of by the order of the county judge upon recommendation of the county sheriff after the period of time dictated by subsection (b) of this section.


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