Texas Senate Bill SB1864

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/1/09
• Voted on by Senate: 4/9/09
• Out of House Committee: 5/11/09

Caption

Relating to postconviction forensic DNA analysis.

Impact

The bill proposes changes to Article 64.01 of the Code of Criminal Procedure, enabling motions for forensic DNA testing for evidence secured during the original trial that was not previously tested due to either the unavailability of testing methods or other procedural shortcomings. Additionally, it introduces a process where unidentified DNA profiles can be compared against the CODIS database, potentially leading to the identification of other suspects or exoneration of wrongfully convicted individuals. This expansion of testing rights could significantly impact criminal justice outcomes in Texas by reinforcing the principles of fairness and evidentiary integrity.

Summary

SB1864 is a legislative measure aimed at amending provisions related to postconviction forensic DNA analysis within the Texas Code of Criminal Procedure. The key objective of the bill is to expand the avenues for convicted individuals to request DNA testing on evidence that may not have undergone adequate testing at the time of their trial. By allowing for testing of new DNA techniques or evidence that was previously untestable, the bill seeks to enhance the reliability of justice in the state, particularly for those who may have been wrongfully convicted due to technological limitations.

Contention

While the intent of SB1864 is widely recognized as a positive step towards ensuring justice, there may be administrative and legal challenges associated with implementing these changes. Concerns could arise around the resources needed for testing, the timeline for re-examinations, and the implications for cases that have already reached a final verdict. Critics may also argue about potential unintended consequences that could delay the judicial process. However, supporters contend that the bill is essential for improving the accuracy of convictions and maintaining public confidence in the criminal justice system.