88R344 MCF-F
By: Thompson of Harris H.B. No. 270
A BILL TO BE ENTITLED
AN ACT
relating to postconviction forensic DNA testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 64.03, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsection (c) to
read as follows:
(a-1) In this article, "exculpatory results" includes DNA
test results that indicate a match, pursuant to a comparison
procedure conducted by a laboratory described by Subsection (c),
between an unidentified DNA profile on the evidence tested and
another individual's DNA profile contained in a DNA database
described by Article 64.035 or otherwise in the possession of a law
enforcement agency.
(c) If the convicting court finds in the affirmative the
issues listed in Subsection (a)(1) and the convicted person meets
the requirements of Subsection (a)(2), the court shall order that
the requested forensic DNA testing be conducted. The court may
order the test to be conducted by:
(1) a laboratory of the Department of Public Safety;
(2) a laboratory operating under a contract with the
department; or
(3) on the request of the convicted person, another
laboratory if that laboratory is accredited under Article 38.01.
SECTION 2. 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 3. This Act takes effect September 1, 2023.