84R18531 MEW-F
 
  By: Thompson of Harris H.B. No. 2438
 
  Substitute the following for H.B. No. 2438:
 
  By:  Herrero C.S.H.B. No. 2438
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to postconviction forensic DNA analysis.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 64.01(a-1), Code of Criminal Procedure,
  is amended to read as follows:
         (a-1)  A convicted person may submit to the convicting court
  a motion for forensic DNA testing of evidence that has a reasonable
  likelihood of containing biological material.  The motion must be
  accompanied by an affidavit, sworn to by the convicted person,
  containing statements of fact in support of the motion.
         SECTION 2.  Article 64.03(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A convicting court may order forensic DNA testing under
  this chapter only if:
               (1)  the court finds that:
                     (A)  the evidence:
                           (i)  still exists and is in a condition
  making DNA testing possible; and
                           (ii)  has been subjected to a chain of
  custody sufficient to establish that it has not been substituted,
  tampered with, replaced, or altered in any material respect; [and]
                     (B)  there is a reasonable likelihood that the
  evidence contains biological material suitable for DNA testing; and
                     (C)  identity was or is an issue in the case; and
               (2)  the convicted person establishes by a
  preponderance of the evidence that:
                     (A)  the person would not have been convicted if
  exculpatory results had been obtained through DNA testing; and
                     (B)  the request for the proposed DNA testing is
  not made to unreasonably delay the execution of sentence or
  administration of justice.
         SECTION 3.  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 4.  This Act takes effect September 1, 2015.