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A BILL TO BE ENTITLED
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AN ACT
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relating to DNA testing of biological evidence in certain capital |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.43, Code of Criminal Procedure, is |
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amended by adding Subsections (i), (j), (k), (l), and (m) to read as |
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follows: |
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(i) Before a defendant is tried for a capital offense in |
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which the state is seeking the death penalty, the Department of |
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Public Safety shall perform DNA testing, in accordance with the |
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department's capabilities at the time the testing is performed, or |
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have DNA tested by a laboratory accredited under Section 411.0205, |
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Government Code, on all biological evidence that was collected as |
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part of an investigation of the offense. The laboratory that |
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performed the DNA testing shall pay for all DNA testing performed in |
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accordance with this subsection. |
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(j) As soon as practicable after the defendant is charged |
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with a capital offense, or on a motion by the state or the defendant |
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in a capital case, the court shall order the state and the defendant |
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to meet and confer about which biological materials collected as |
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part of an investigation of the offense qualify as biological |
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evidence that is required to be tested under Subsection (i). If the |
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state and the defendant agree on which biological materials |
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constitute biological evidence, the biological evidence shall be |
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tested in accordance with Subsection (i). If the state and the |
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defendant do not agree on which biological materials qualify as |
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biological evidence, the state or the defendant may request the |
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court to hold a hearing to determine the issue. On receipt of a |
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request for a hearing under this subsection, the court shall set a |
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date for the hearing and provide written notice of the hearing date |
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to the state and the defendant. At the hearing, a request by the |
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defendant to test biological material is prima facie evidence that |
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the biological material constitutes biological evidence that is |
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required to be tested under Subsection (i). |
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(k) If an item of biological evidence is destroyed as a |
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result of DNA testing performed under Subsection (i), the |
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laboratory that tested the evidence must provide to the defendant |
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any documentation related to the testing of the evidence and the |
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results of that testing. |
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(l) A defendant is not entitled to a new trial or to a new |
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sentencing proceeding based solely on a violation of Subsection |
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(i), (j), or (k). |
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(m) A defendant may have another laboratory accredited |
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under Section 411.0205, Government Code, perform additional |
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testing of any biological evidence required to be tested under |
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Subsection (i). On an ex parte showing of good cause to the court, a |
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defendant may have a laboratory accredited under Section 411.0205, |
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Government Code, perform testing of any biological material that is |
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not required to be tested under Subsection (i). The defendant is |
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responsible for the cost of any testing performed under this |
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subsection. |
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SECTION 2. Subsections (i), (j), (k), (l), and (m), Article |
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38.43, Code of Criminal Procedure, as added by this Act, apply only |
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to a trial that commences on or after the effective date of this |
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Act, regardless of whether the alleged offense was committed |
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before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2013. |