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SENATE BILL 3 |
SENATE AUTHOR: Duncan et al. |
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EFFECTIVE: 4-5-01 |
HOUSE SPONSOR: Hinojosa et al. |
Senate Bill 3 amends the Code of Criminal Procedure to establish procedures for the preservation of evidence containing DNA and for postconviction DNA testing. The bill requires certain officers of the court to ensure the preservation of certain evidence that contains biological material that was in the state's possession during a criminal trial in which the defendant was convicted. The bill establishes the length of time the material must be preserved and the conditions under which it may be destroyed.
Senate Bill 3 sets forth procedures for the submission of a motion for testing DNA evidence.
The bill establishes that a defendant is entitled to counsel during the proceedings and that the court is required to appoint counsel if it determines that the defendant is indigent.
The convicting court is authorized to order forensic DNA testing if it finds that the evidence meets certain criteria and that identity was or is an issue with the case. In addition, the defendant must establish by a preponderance of evidence that a reasonable probability exists that the defendant would not have been prosecuted or convicted if results had been obtained through DNA testing and that the request for the testing is not made to create unreasonable delays. A person who pled guilty or nolo contendere in a case is authorized to submit a motion for DNA testing, and the court is prohibited from finding that identity was not an issue in the case based solely on the plea. The bill establishes who is authorized to conduct the testing and what information must be included in the court's order.
Senate Bill 3 establishes provisions for the appeal of the convicting court's findings regarding the ordering of the DNA testing. The convicting court, after entering a finding favorable to the defendant, may release the defendant on bail following a hearing. The Texas Department of Criminal Justice is required to provide notice of postconviction DNA testing to all persons housed in facilities operated by or under contract with the department.