S.B. No. 1292

	AN ACT
	relating to DNA testing of biological evidence in certain capital
	cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 38.43, Code of Criminal Procedure, is
	amended by adding Subsections (i), (j), (k), (l), and (m) to read as
	follows:
	(i)  Before a defendant is tried for a capital offense in
	which the state is seeking the death penalty, subject to Subsection
	(j), the state shall require either the Department of Public Safety
	through one of its laboratories or a laboratory accredited under
	Section 411.0205, Government Code, to perform DNA testing, in
	accordance with the laboratory's capabilities at the time the
	testing is performed, on any biological evidence that was collected
	as part of an investigation of the offense and is in the possession
	of the state.  The laboratory that performs the DNA testing shall
	pay for all DNA testing performed in accordance with this
	subsection.
	(j)  As soon as practicable after the defendant is charged
	with a capital offense, or on a motion by the state or the defendant
	in a capital case, unless the state has affirmatively waived the
	death penalty in writing, the court shall order the state and the
	defendant to meet and confer about which biological materials
	collected as part of an investigation of the offense qualify as
	biological evidence that is required to be tested under Subsection
	(i).  If the state and the defendant agree on which biological
	materials constitute biological evidence, the biological evidence
	shall be tested in accordance with Subsection (i).  If the state and
	the defendant do not agree on which biological materials qualify as
	biological evidence, the state or the defendant may request the
	court to hold a hearing to determine the issue.  On receipt of a
	request for a hearing under this subsection, the court shall set a
	date for the hearing and provide written notice of the hearing date
	to the state and the defendant.  At the hearing, there is a
	rebuttable presumption that the biological material that the
	defendant requests to be tested constitutes biological evidence
	that is required to be tested under Subsection (i).  This subsection
	does not in any way prohibit the state from testing biological
	evidence in the state's possession.
	(k)  If an item of biological evidence is destroyed or lost
	as a result of DNA testing performed under Subsection (i), the
	laboratory that tested the evidence must provide to the defendant
	any bench notes prepared by the laboratory that are related to the
	testing of the evidence and the results of that testing.
	(l)  The defendant's exclusive remedy for testing that was
	not performed as required under Subsection (i) or (j) is to seek a
	writ of mandamus from the court of criminal appeals at any time on
	or before the date an application for a writ of habeas corpus is due
	to be filed in the defendant's case under Section 4(a), Article
	11.071.  An application for a writ of mandamus under this subsection
	does not toll any period of limitations applicable to a habeas
	petition under state or federal law.  The defendant is entitled to
	only one application for a writ of mandamus under this subsection.
	At any time after the date an application for a writ of habeas
	corpus is filed in the defendant's case under Section 4(a), Article
	11.071, the defendant may file one additional motion for forensic
	testing under Chapter 64.
	(m)  A defendant may have another laboratory accredited
	under Section 411.0205, Government Code, perform additional
	testing of any biological evidence required to be tested under
	Subsection (i).  On an ex parte showing of good cause to the court, a
	defendant may have a laboratory accredited under Section 411.0205,
	Government Code, perform testing of any biological material that is
	not required to be tested under Subsection (i).  The defendant is
	responsible for the cost of any testing performed under this
	subsection.
	SECTION 2.  Subsections (i), (j), (k), (l), and (m), Article
	38.43, Code of Criminal Procedure, as added by this Act, apply only
	to a trial that commences on or after the effective date of this
	Act, regardless of whether the alleged offense was committed
	before, on, or after that date.
	SECTION 3.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1292 passed the Senate on
	April 17, 2013, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendments on May 24, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1292 passed the House, with
	amendments, on May 22, 2013, by the following vote: Yeas 145,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor