| 1 | 1 | | 84R18531 MEW-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 2438 |
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| 3 | 3 | | Substitute the following for H.B. No. 2438: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2438 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to postconviction forensic DNA analysis. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 64.01(a-1), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (a-1) A convicted person may submit to the convicting court |
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| 14 | 14 | | a motion for forensic DNA testing of evidence that has a reasonable |
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| 15 | 15 | | likelihood of containing biological material. The motion must be |
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| 16 | 16 | | accompanied by an affidavit, sworn to by the convicted person, |
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| 17 | 17 | | containing statements of fact in support of the motion. |
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| 18 | 18 | | SECTION 2. Article 64.03(a), Code of Criminal Procedure, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | (a) A convicting court may order forensic DNA testing under |
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| 21 | 21 | | this chapter only if: |
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| 22 | 22 | | (1) the court finds that: |
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| 23 | 23 | | (A) the evidence: |
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| 24 | 24 | | (i) still exists and is in a condition |
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| 25 | 25 | | making DNA testing possible; and |
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| 26 | 26 | | (ii) has been subjected to a chain of |
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| 27 | 27 | | custody sufficient to establish that it has not been substituted, |
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| 28 | 28 | | tampered with, replaced, or altered in any material respect; [and] |
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| 29 | 29 | | (B) there is a reasonable likelihood that the |
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| 30 | 30 | | evidence contains biological material suitable for DNA testing; and |
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| 31 | 31 | | (C) identity was or is an issue in the case; and |
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| 32 | 32 | | (2) the convicted person establishes by a |
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| 33 | 33 | | preponderance of the evidence that: |
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| 34 | 34 | | (A) the person would not have been convicted if |
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| 35 | 35 | | exculpatory results had been obtained through DNA testing; and |
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| 36 | 36 | | (B) the request for the proposed DNA testing is |
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| 37 | 37 | | not made to unreasonably delay the execution of sentence or |
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| 38 | 38 | | administration of justice. |
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| 39 | 39 | | SECTION 3. The change in law made by this Act applies to a |
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| 40 | 40 | | motion for forensic DNA testing filed on or after the effective date |
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| 41 | 41 | | of this Act. A motion for forensic DNA testing filed before the |
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| 42 | 42 | | effective date of this Act is governed by the law in effect on the |
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| 43 | 43 | | date the motion was filed, and the former law is continued in effect |
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| 44 | 44 | | for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2015. |
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