| 1 | 1 | | By: Ellis S.B. No. 1864 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to postconviction forensic DNA analysis. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subsection (b), Article 64.01, Code of Criminal |
|---|
| 9 | 9 | | Procedure, is amended to read as follows: |
|---|
| 10 | 10 | | (b) The motion may request forensic DNA testing only of |
|---|
| 11 | 11 | | evidence described by Subsection (a) that was secured in relation |
|---|
| 12 | 12 | | to the offense that is the basis of the challenged conviction and |
|---|
| 13 | 13 | | was in the possession of the state during the trial of the offense, |
|---|
| 14 | 14 | | but: |
|---|
| 15 | 15 | | (1) was not previously subjected to DNA testing[: |
|---|
| 16 | 16 | | [(A) because DNA testing was: |
|---|
| 17 | 17 | | [(i) not available; or |
|---|
| 18 | 18 | | [(ii) available, but not technologically |
|---|
| 19 | 19 | | capable of providing probative results; or |
|---|
| 20 | 20 | | [(B) through no fault of the convicted person, |
|---|
| 21 | 21 | | for reasons that are of a nature such that the interests of justice |
|---|
| 22 | 22 | | require DNA testing]; or |
|---|
| 23 | 23 | | (2) although previously subjected to DNA testing, can |
|---|
| 24 | 24 | | be subjected to testing with newer testing techniques that provide |
|---|
| 25 | 25 | | a reasonable likelihood of results that are more accurate and |
|---|
| 26 | 26 | | probative than the results of the previous test. |
|---|
| 27 | 27 | | SECTION 2. Chapter 64, Code of Criminal Procedure, is |
|---|
| 28 | 28 | | amended by adding Article 64.035 to read as follows: |
|---|
| 29 | 29 | | Art. 64.035. UNIDENTIFIED DNA PROFILES. On completion of |
|---|
| 30 | 30 | | the testing under Article 64.03, the convicting court shall order |
|---|
| 31 | 31 | | any unidentified DNA profile to be compared with the DNA profiles in |
|---|
| 32 | 32 | | the CODIS DNA database established by the Federal Bureau of |
|---|
| 33 | 33 | | Investigation. |
|---|
| 34 | 34 | | SECTION 3. Article 64.04, Code of Criminal Procedure, is |
|---|
| 35 | 35 | | amended to read as follows: |
|---|
| 36 | 36 | | Art. 64.04. FINDING. After examining the results of |
|---|
| 37 | 37 | | testing under Article 64.03 and any comparison of a DNA profile |
|---|
| 38 | 38 | | under Article 64.035, the convicting court shall hold a hearing and |
|---|
| 39 | 39 | | make a finding as to whether, had the results been available during |
|---|
| 40 | 40 | | the trial of the offense, it is reasonably probable that the person |
|---|
| 41 | 41 | | would not have been convicted. |
|---|
| 42 | 42 | | SECTION 4. The change in law made by this Act applies to a |
|---|
| 43 | 43 | | motion for forensic DNA testing filed on or after the effective date |
|---|
| 44 | 44 | | of this Act. A motion for forensic DNA testing filed before the |
|---|
| 45 | 45 | | effective date of this Act is covered by the law in effect at the |
|---|
| 46 | 46 | | time the motion was filed, and the former law is continued in effect |
|---|
| 47 | 47 | | for that purpose. |
|---|
| 48 | 48 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|