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  S.B. No. 487
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 487 passed the Senate on
  April 21, 2015, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 487 passed the House on
  May 12, 2015, by the following vote:  Yeas 137, Nays 2, three
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor