83R6133 AJZ-D By: Ellis S.B. No. 1292 A BILL TO BE ENTITLED AN ACT relating to DNA testing of biological evidence in certain capital cases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 38.43, Code of Criminal Procedure, is amended by adding Subsection (i) to read as follows: (i) Before a defendant is tried for a capital offense in which the state is seeking the death penalty, the Department of Public Safety shall perform DNA testing on all biological evidence that was collected as part of an investigation of the offense. The state shall pay for all DNA testing performed in accordance with this subsection. SECTION 2. Article 38.43(i), Code of Criminal Procedure, as added by this Act, applies only to a trial that commences on or after the effective date of this Act, regardless of whether the alleged offense was committed before, on, or after that date. SECTION 3. This Act takes effect September 1, 2013.