By: Ellis, Hinojosa, Whitmire S.B. No. 487
(In the Senate - Filed February 6, 2015; February 10, 2015,
read first time and referred to Committee on Criminal Justice;
April 8, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 8, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 487 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to postconviction forensic DNA analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 64.01(a-1), Code of Criminal Procedure,
is amended to read as follows:
(a-1) A convicted person may submit to the convicting court
a motion for forensic DNA testing of evidence that has a reasonable
likelihood of containing biological material. The motion must be
accompanied by an affidavit, sworn to by the convicted person,
containing statements of fact in support of the motion.
SECTION 2. Article 64.03(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A convicting court may order forensic DNA testing under
this chapter only if:
(1) the court finds that:
(A) the evidence:
(i) still exists and is in a condition
making DNA testing possible; and
(ii) has been subjected to a chain of
custody sufficient to establish that it has not been substituted,
tampered with, replaced, or altered in any material respect; [and]
(B) there is a reasonable likelihood that the
evidence contains biological material suitable for DNA testing; and
(C) identity was or is an issue in the case; and
(2) the convicted person establishes by a
preponderance of the evidence that:
(A) the person would not have been convicted if
exculpatory results had been obtained through DNA testing; and
(B) the request for the proposed DNA testing is
not made to unreasonably delay the execution of sentence or
administration of justice.
SECTION 3. The change in law made by this Act applies to a
motion for forensic DNA testing filed on or after the effective date
of this Act. A motion for forensic DNA testing filed before the
effective date of this Act is governed by the law in effect on the
date the motion was filed, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
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