By: Ellis, et al. S.B. No. 1292
(Turner of Harris, Miles, Carter)
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 Subsections (i), (j), (k), (l), and (m) 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, in accordance with the
department's capabilities at the time the testing is performed, or
have DNA tested by a laboratory accredited under Section 411.0205,
Government Code, on all biological evidence that was collected as
part of an investigation of the offense. The laboratory that
performed the DNA testing shall pay for all DNA testing performed in
accordance with this subsection.
(j) As soon as practicable after the defendant is charged
with a capital offense, or on a motion by the state or the defendant
in a capital case, the court shall order the state and the defendant
to meet and confer about which biological materials collected as
part of an investigation of the offense qualify as biological
evidence that is required to be tested under Subsection (i). If the
state and the defendant agree on which biological materials
constitute biological evidence, the biological evidence shall be
tested in accordance with Subsection (i). If the state and the
defendant do not agree on which biological materials qualify as
biological evidence, the state or the defendant may request the
court to hold a hearing to determine the issue. On receipt of a
request for a hearing under this subsection, the court shall set a
date for the hearing and provide written notice of the hearing date
to the state and the defendant. At the hearing, a request by the
defendant to test biological material is prima facie evidence that
the biological material constitutes biological evidence that is
required to be tested under Subsection (i).
(k) If an item of biological evidence is destroyed as a
result of DNA testing performed under Subsection (i), the
laboratory that tested the evidence must provide to the defendant
any documentation related to the testing of the evidence and the
results of that testing.
(l) A defendant is not entitled to a new trial or to a new
sentencing proceeding based solely on a violation of Subsection
(i), (j), or (k).
(m) A defendant may have another laboratory accredited
under Section 411.0205, Government Code, perform additional
testing of any biological evidence required to be tested under
Subsection (i). On an ex parte showing of good cause to the court, a
defendant may have a laboratory accredited under Section 411.0205,
Government Code, perform testing of any biological material that is
not required to be tested under Subsection (i). The defendant is
responsible for the cost of any testing performed under this
subsection.
SECTION 2. Subsections (i), (j), (k), (l), and (m), Article
38.43, Code of Criminal Procedure, as added by this Act, apply 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.