Texas House Bill HB217

Texas 2021 - 87th Regular

Caption

Relating to postconviction forensic DNA testing.

Impact

The bill also modifies the Code of Criminal Procedure by streamlining the requirements for courts to order DNA testing. Specifically, it allows courts, upon meeting certain conditions, to order forensic DNA testing conducted either by state laboratories or accredited external laboratories upon request by convicted individuals. Notably, the change ensures that any motions for testing filed post-enactment will adhere to the new provisions, while prior motions will be evaluated under previous laws, thus providing clarity and continuity within the legal framework governing such requests.

Summary

House Bill 217 relates to postconviction forensic DNA testing, aiming to enhance the processes involved in testing DNA evidence after a conviction. The bill incorporates the definition of 'exculpatory results,' particularly emphasizing DNA test results that could link evidence to individuals whose profiles exist within law enforcement databases. This is especially significant as it expands the understanding of what may qualify as evidence that could potentially exonerate an individual wrongfully convicted of a crime.

Contention

Debate surrounding HB 217 primarily focuses on its implications for civil rights and justice reform. Proponents argue that expanding access to DNA testing is essential for ensuring justice, particularly for those who believe they have been wrongfully convicted based on insufficient evidence. Critics may express concerns regarding the practical implementation of such tests and the potential backlog it might create within the judicial system. The law’s successful implementation and its impact on reducing wrongful convictions are points of ongoing discussion within legislative and advocacy circles.