Texas 2011 - 82nd Regular

Texas Senate Bill SB122 Compare Versions

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1	1	By: Ellis, Hinojosa S.B. No. 122
2	2	(Gallego, Hartnett, Davis of Dallas, Zedler,
3	3	Rodriguez)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to postconviction forensic DNA analysis.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 64.01, Code of Criminal Procedure, is
11	11	amended by amending Subsections (a) and (b) and adding Subsection
12	12	(a-1) to read as follows:
13	13	(a) In this section, "biological material":
14	14	(1) means an item that is in possession of the state
15	15	and that contains blood, semen, hair, saliva, skin tissue or cells,
16	16	fingernail scrapings, bone, bodily fluids, or other identifiable
17	17	biological evidence that may be suitable for forensic DNA testing;
18	18	and
19	19	(2) includes the contents of a sexual assault evidence
20	20	collection kit.
21	21	(a-1) A convicted person may submit to the convicting court
22	22	a motion for forensic DNA testing of evidence containing biological
23	23	material. The motion must be accompanied by an affidavit, sworn to
24	24	by the convicted person, containing statements of fact in support
25	25	of the motion.
26	26	(b) The motion may request forensic DNA testing only of
27	27	evidence described by Subsection (a-1) [(a)] that was secured in
28	28	relation to the offense that is the basis of the challenged
29	29	conviction and was in the possession of the state during the trial
30	30	of the offense, but:
31	31	(1) was not previously subjected to DNA testing[:
32	32	[(A) because DNA testing was:
33	33	[(i) not available; or
34	34	[(ii) available, but not technologically
35	35	capable of providing probative results; or
36	36	[(B) through no fault of the convicted person,
37	37	for reasons that are of a nature such that the interests of justice
38	38	require DNA testing]; or
39	39	(2) although previously subjected to DNA testing, can
40	40	be subjected to testing with newer testing techniques that provide
41	41	a reasonable likelihood of results that are more accurate and
42	42	probative than the results of the previous test.
43	43	SECTION 2. Chapter 64, Code of Criminal Procedure, is
44	44	amended by adding Article 64.035 to read as follows:
45	45	Art. 64.035. UNIDENTIFIED DNA PROFILES. If an analyzed
46	46	sample meets the applicable requirements of state or federal
47	47	submission policies, on completion of the testing under Article
48	48	64.03, the convicting court shall order any unidentified DNA
49	49	profile to be compared with the DNA profiles in:
50	50	(1) the DNA database established by the Federal Bureau
51	51	of Investigation; and
52	52	(2) the DNA database maintained by the Department of
53	53	Public Safety under Subchapter G, Chapter 411, Government Code.
54	54	SECTION 3. Article 64.04, Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	Art. 64.04. FINDING. After examining the results of
57	57	testing under Article 64.03 and any comparison of a DNA profile
58	58	under Article 64.035, the convicting court shall hold a hearing and
59	59	make a finding as to whether, had the results been available during
60	60	the trial of the offense, it is reasonably probable that the person
61	61	would not have been convicted.
62	62	SECTION 4. The change in law made by this Act applies to a
63	63	motion for forensic DNA testing filed on or after the effective date
64	64	of this Act. A motion for forensic DNA testing filed before the
65	65	effective date of this Act is covered by the law in effect at the
66	66	time the motion was filed, and the former law is continued in effect
67	67	for that purpose.
68	68	SECTION 5. This Act takes effect September 1, 2011.