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A BILL TO BE ENTITLED
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AN ACT
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relating to postconviction forensic DNA testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 64.03, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) and amending Subsection (c) to |
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read as follows: |
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(a-1) In this article, "exculpatory results" includes DNA |
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test results that indicate a match, pursuant to a comparison |
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procedure conducted by a laboratory described by Subsection (c), |
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between an unidentified DNA profile on the evidence tested and |
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another individual's DNA profile contained in a DNA database |
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described by Article 64.035 or otherwise in the possession of a law |
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enforcement agency. |
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(c) If the convicting court finds in the affirmative the |
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issues listed in Subsection (a)(1) and the convicted person meets |
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the requirements of Subsection (a)(2), the court shall order that |
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the requested forensic DNA testing be conducted. The court may |
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order the test to be conducted by: |
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(1) a laboratory of the Department of Public Safety; |
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(2) a laboratory operating under a contract with the |
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department; or |
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(3) on the request of the convicted person, another |
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laboratory if that laboratory is accredited under Article 38.01. |
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SECTION 2. The change in law made by this Act applies to a |
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motion for forensic DNA testing filed on or after the effective date |
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of this Act. A motion for forensic DNA testing filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the motion was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |