| 1 | 1 | | 86R11097 KJE-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 3424 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to postconviction forensic DNA testing. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 64.03, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (a-1) and amending Subsection (c) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a-1) In this article, the term "exculpatory results" |
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| 13 | 13 | | includes DNA test results that indicate a match, pursuant to a |
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| 14 | 14 | | comparison procedure conducted by a laboratory described by |
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| 15 | 15 | | Subsection (c), between an unidentified DNA profile on the evidence |
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| 16 | 16 | | tested and another individual's DNA profile contained in a DNA |
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| 17 | 17 | | database described by Article 64.035 or otherwise in the possession |
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| 18 | 18 | | of a law enforcement agency. |
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| 19 | 19 | | (c) If the convicting court finds in the affirmative the |
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| 20 | 20 | | issues listed in Subsection (a)(1) and the convicted person meets |
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| 21 | 21 | | the requirements of Subsection (a)(2), the court shall order that |
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| 22 | 22 | | the requested forensic DNA testing be conducted. The court may |
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| 23 | 23 | | order the test to be conducted by: |
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| 24 | 24 | | (1) a laboratory of the Department of Public Safety; |
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| 25 | 25 | | (2) a laboratory operating under a contract with the |
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| 26 | 26 | | department; or |
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| 27 | 27 | | (3) on the request of the convicted person, another |
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| 28 | 28 | | laboratory if that laboratory is accredited under Article 38.01. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies to a |
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| 30 | 30 | | motion for forensic DNA testing filed on or after the effective date |
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| 31 | 31 | | of this Act. A motion for forensic DNA testing filed before the |
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| 32 | 32 | | effective date of this Act is governed by the law in effect on the |
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| 33 | 33 | | date the motion was filed, and the former law is continued in effect |
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| 34 | 34 | | for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
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