81R8578 KCR-D
By: Vaught, Pierson H.B. No. 2371
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of an inmate's good conduct time as a
result of filing certain motions for forensic DNA testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 498, Government Code, is amended by
adding Section 498.0047 to read as follows:
Sec. 498.0047. FORFEITURE OF GOOD CONDUCT TIME: FRIVOLOUS
POSTCONVICTION DNA MOTIONS. (a) On receipt of a certified copy of
a finding described by Article 64.04(b), Code of Criminal
Procedure, regarding forensic DNA testing conducted on behalf of an
inmate while the inmate was in the custody of the department or was
confined in county jail awaiting transfer to the department
following the conviction of a felony or the revocation of community
supervision, parole, or mandatory supervision, the department
shall forfeit:
(1) 180 days of the inmate's accrued good conduct time,
if the inmate is serving a sentence for a felony of the third
degree;
(2) 365 days of the inmate's accrued good conduct time,
if the inmate is serving a sentence for a felony of the second
degree; or
(3) all of the inmate's accrued good conduct time, if
the inmate is serving a sentence for a first degree or capital
felony.
(b) The department may not restore good conduct time
forfeited under this section.
SECTION 2. Article 64.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A convicted person may submit to the convicting court a
motion for forensic DNA testing of evidence containing biological
material. The motion must be accompanied by an affidavit, sworn to
by the convicted person, containing statements of fact in support
of the motion, including a statement that the requested DNA
testing, if conducted, will not further inculpate the convicted
person in relation to the offense that is the basis of the
challenged conviction.
SECTION 3. Article 64.04, Code of Criminal Procedure, is
amended to read as follows:
Art. 64.04. FINDING. (a) After examining the results of
testing under Article 64.03, the convicting court shall hold a
hearing and make a finding as to whether, had the results been
available during the trial of the offense, it is reasonably
probable that the person would not have been convicted.
(b) If the court finds that, had the results been available
during the trial of the offense, it is reasonably probable that the
person would still have been convicted, the court shall forward a
certified copy of that finding to:
(1) the Texas Department of Criminal Justice; and
(2) the victim of the offense that is the basis of the
challenged conviction, at the last known address of the victim.
SECTION 4. Section 498.0047, Government Code, as added by
this Act, applies only to a forfeiture of good conduct time based on
the filing of a motion for forensic DNA testing under Chapter 64,
Code of Criminal Procedure, on or after September 1, 2009.
SECTION 5. Articles 64.01(a) and 64.04, Code of Criminal
Procedure, as amended by this Act, apply only to a motion for
forensic DNA testing filed under Chapter 64, Code of Criminal
Procedure, on or after September 1, 2009, or to a finding related to
that motion.
SECTION 6. This Act takes effect September 1, 2009.