Texas 2009 - 81st Regular

Texas House Bill HB2371 Compare Versions

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1	1	81R8578 KCR-D
2	2	By: Vaught, Pierson H.B. No. 2371
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the forfeiture of an inmate's good conduct time as a
8	8	result of filing certain motions for forensic DNA testing.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 498, Government Code, is amended by
11	11	adding Section 498.0047 to read as follows:
12	12	Sec. 498.0047. FORFEITURE OF GOOD CONDUCT TIME: FRIVOLOUS
13	13	POSTCONVICTION DNA MOTIONS. (a) On receipt of a certified copy of
14	14	a finding described by Article 64.04(b), Code of Criminal
15	15	Procedure, regarding forensic DNA testing conducted on behalf of an
16	16	inmate while the inmate was in the custody of the department or was
17	17	confined in county jail awaiting transfer to the department
18	18	following the conviction of a felony or the revocation of community
19	19	supervision, parole, or mandatory supervision, the department
20	20	shall forfeit:
21	21	(1) 180 days of the inmate's accrued good conduct time,
22	22	if the inmate is serving a sentence for a felony of the third
23	23	degree;
24	24	(2) 365 days of the inmate's accrued good conduct time,
25	25	if the inmate is serving a sentence for a felony of the second
26	26	degree; or
27	27	(3) all of the inmate's accrued good conduct time, if
28	28	the inmate is serving a sentence for a first degree or capital
29	29	felony.
30	30	(b) The department may not restore good conduct time
31	31	forfeited under this section.
32	32	SECTION 2. Article 64.01(a), Code of Criminal Procedure, is
33	33	amended to read as follows:
34	34	(a) A convicted person may submit to the convicting court a
35	35	motion for forensic DNA testing of evidence containing biological
36	36	material. The motion must be accompanied by an affidavit, sworn to
37	37	by the convicted person, containing statements of fact in support
38	38	of the motion, including a statement that the requested DNA
39	39	testing, if conducted, will not further inculpate the convicted
40	40	person in relation to the offense that is the basis of the
41	41	challenged conviction.
42	42	SECTION 3. Article 64.04, Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	Art. 64.04. FINDING. (a) After examining the results of
45	45	testing under Article 64.03, the convicting court shall hold a
46	46	hearing and make a finding as to whether, had the results been
47	47	available during the trial of the offense, it is reasonably
48	48	probable that the person would not have been convicted.
49	49	(b) If the court finds that, had the results been available
50	50	during the trial of the offense, it is reasonably probable that the
51	51	person would still have been convicted, the court shall forward a
52	52	certified copy of that finding to:
53	53	(1) the Texas Department of Criminal Justice; and
54	54	(2) the victim of the offense that is the basis of the
55	55	challenged conviction, at the last known address of the victim.
56	56	SECTION 4. Section 498.0047, Government Code, as added by
57	57	this Act, applies only to a forfeiture of good conduct time based on
58	58	the filing of a motion for forensic DNA testing under Chapter 64,
59	59	Code of Criminal Procedure, on or after September 1, 2009.
60	60	SECTION 5. Articles 64.01(a) and 64.04, Code of Criminal
61	61	Procedure, as amended by this Act, apply only to a motion for
62	62	forensic DNA testing filed under Chapter 64, Code of Criminal
63	63	Procedure, on or after September 1, 2009, or to a finding related to
64	64	that motion.
65	65	SECTION 6. This Act takes effect September 1, 2009.