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AN ACT
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relating to postconviction forensic DNA analysis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 64.01, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) In this section, "biological material": |
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(1) means an item that is in possession of the state |
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and that contains blood, semen, hair, saliva, skin tissue or cells, |
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fingernail scrapings, bone, bodily fluids, or other identifiable |
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biological evidence that may be suitable for forensic DNA testing; |
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and |
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(2) includes the contents of a sexual assault evidence |
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collection kit. |
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(a-1) A convicted person may submit to the convicting court |
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a motion for forensic DNA testing of evidence containing biological |
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material. The motion must be accompanied by an affidavit, sworn to |
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by the convicted person, containing statements of fact in support |
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of the motion. |
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(b) The motion may request forensic DNA testing only of |
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evidence described by Subsection (a-1) [(a)] that was secured in |
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relation to the offense that is the basis of the challenged |
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conviction and was in the possession of the state during the trial |
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of the offense, but: |
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(1) was not previously subjected to DNA testing[:
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[(A) because DNA testing was:
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[(i) not available; or
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[(ii)
available, but not technologically
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capable of providing probative results; or
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[(B)
through no fault of the convicted person,
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for reasons that are of a nature such that the interests of justice
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require DNA testing]; or |
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(2) although previously subjected to DNA testing, can |
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be subjected to testing with newer testing techniques that provide |
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a reasonable likelihood of results that are more accurate and |
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probative than the results of the previous test. |
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SECTION 2. Chapter 64, Code of Criminal Procedure, is |
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amended by adding Article 64.035 to read as follows: |
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Art. 64.035. UNIDENTIFIED DNA PROFILES. If an analyzed |
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sample meets the applicable requirements of state or federal |
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submission policies, on completion of the testing under Article |
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64.03, the convicting court shall order any unidentified DNA |
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profile to be compared with the DNA profiles in: |
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(1) the DNA database established by the Federal Bureau |
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of Investigation; and |
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(2) the DNA database maintained by the Department of |
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Public Safety under Subchapter G, Chapter 411, Government Code. |
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SECTION 3. Article 64.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 64.04. FINDING. After examining the results of |
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testing under Article 64.03 and any comparison of a DNA profile |
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under Article 64.035, the convicting court shall hold a hearing and |
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make a finding as to whether, had the results been available during |
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the trial of the offense, it is reasonably probable that the person |
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would not have been convicted. |
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SECTION 4. The change in law made by this Act applies to a |
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motion for forensic DNA testing filed on or after the effective date |
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of this Act. A motion for forensic DNA testing filed before the |
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effective date of this Act is covered by the law in effect at the |
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time the motion was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 122 passed the Senate on |
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April 6, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 122 passed the House on |
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May 20, 2011, by the following vote: Yeas 145, Nays 4, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |