82R472 SJM-D
By: Ellis S.B. No. 122
A BILL TO BE ENTITLED
AN ACT
relating to postconviction forensic DNA analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 64.01(b), Code of Criminal Procedure, is
amended to read as follows:
(b) The motion may request forensic DNA testing only of
evidence described by Subsection (a) that was secured in relation
to the offense that is the basis of the challenged conviction and
was in the possession of the state during the trial of the offense,
but:
(1) was not previously subjected to DNA testing[:
[(A) because DNA testing was:
[(i) not available; or
[(ii) available, but not technologically
capable of providing probative results; or
[(B) through no fault of the convicted person,
for reasons that are of a nature such that the interests of justice
require DNA testing]; or
(2) although previously subjected to DNA testing, can
be subjected to testing with newer testing techniques that provide
a reasonable likelihood of results that are more accurate and
probative than the results of the previous test.
SECTION 2. Chapter 64, Code of Criminal Procedure, is
amended by adding Article 64.035 to read as follows:
Art. 64.035. UNIDENTIFIED DNA PROFILES. On completion of
the testing under Article 64.03, the convicting court shall order
any unidentified DNA profile to be compared with the DNA profiles in
the CODIS DNA database established by the Federal Bureau of
Investigation.
SECTION 3. Article 64.04, Code of Criminal Procedure, is
amended to read as follows:
Art. 64.04. FINDING. After examining the results of
testing under Article 64.03 and any comparison of a DNA profile
under Article 64.035, 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.
SECTION 4. The change in law made by this Act applies to a
motion for forensic DNA testing filed on or after the effective date
of this Act. A motion for forensic DNA testing filed before the
effective date of this Act is covered by the law in effect at the
time the motion was filed, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2011.