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