| 1 | 1 | | By: Thompson of Harris H.B. No. 2435 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relat |
|---|
| 7 | 7 | | ing to postconviction forensic DNA analysis. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Article 64.01(a-1), Code of Criminal Procedure, |
|---|
| 10 | 10 | | is amended to read as follows: |
|---|
| 11 | 11 | | (a-1) A convicted person may submit to the convicting court |
|---|
| 12 | 12 | | a motion for forensic DNA testing of evidence that has a reasonable |
|---|
| 13 | 13 | | likelihood of containing biological material. The motion must be |
|---|
| 14 | 14 | | accompanied by an affidavit, sworn to by the convicted person, |
|---|
| 15 | 15 | | containing statements of fact in support of the motion. |
|---|
| 16 | 16 | | SECTION 2. Article 64.03, Code of Criminal Procedure, is |
|---|
| 17 | 17 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | (a) A convicting court may order forensic DNA testing under |
|---|
| 20 | 20 | | this chapter only if: |
|---|
| 21 | 21 | | (1) the court finds that: |
|---|
| 22 | 22 | | (A) the evidence: |
|---|
| 23 | 23 | | (i) still exists and is in a condition |
|---|
| 24 | 24 | | making DNA testing possible; and |
|---|
| 25 | 25 | | (ii) has been subjected to a chain of |
|---|
| 26 | 26 | | custody sufficient to establish that it has not been substituted, |
|---|
| 27 | 27 | | tampered with, replaced, or altered in any material respect; [and] |
|---|
| 28 | 28 | | (B) there is a reasonable likelihood that the |
|---|
| 29 | 29 | | evidence contains biological material suitable for DNA testing; and |
|---|
| 30 | 30 | | (C) identity was or is an issue in the case; and |
|---|
| 31 | 31 | | (2) the convicted person establishes by a |
|---|
| 32 | 32 | | preponderance of the evidence that: |
|---|
| 33 | 33 | | (A) the person would not have been convicted if |
|---|
| 34 | 34 | | exculpatory results had been obtained through DNA testing; and |
|---|
| 35 | 35 | | (B) the request for the proposed DNA testing is |
|---|
| 36 | 36 | | not made to unreasonably delay the execution of sentence or |
|---|
| 37 | 37 | | administration of justice. |
|---|
| 38 | 38 | | (a-1) In this article, the term "exculpatory results" |
|---|
| 39 | 39 | | includes DNA test results that indicate a match, pursuant to a |
|---|
| 40 | 40 | | comparison procedure such as that required under Article 64.035, |
|---|
| 41 | 41 | | between an unidentified DNA profile on the evidence tested and |
|---|
| 42 | 42 | | another individual's DNA profile contained in a DNA database |
|---|
| 43 | 43 | | described by that article. |
|---|
| 44 | 44 | | SECTION 3. The change in law made by this Act applies to a |
|---|
| 45 | 45 | | motion for forensic DNA testing filed on or after the effective date |
|---|
| 46 | 46 | | of this Act. A motion for forensic DNA testing filed before the |
|---|
| 47 | 47 | | effective date of this Act is governed by the law in effect on the |
|---|
| 48 | 48 | | date the motion was filed, and the former law is continued in effect |
|---|
| 49 | 49 | | for that purpose. |
|---|
| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2015. |
|---|