By Hochberg                                            H.B. No. 157
         77R1953 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to postconviction DNA testing.
 1-4           SECTION 1. The Code of Criminal Procedure is amended by
 1-5     adding Chapter 11A to read as follows:
 1-7           Art. 11A.01.  APPLICATION OF OTHER LAWS. This chapter is
 1-8     supplemental to any law governing habeas corpus or appeal and, to
 1-9     the extent of any conflict, controls over a law relating to either
1-10     of those forms of relief.
1-11           Art. 11A.02.  PETITION. A person sentenced for an offense may
1-12     file a petition in the convicting court requesting the forensic DNA
1-13     testing of any evidence that:
1-14                 (1)  is in the possession of the attorney representing
1-15     the state, law enforcement, or a court;
1-16                 (2)  relates to the investigation or prosecution that
1-17     resulted in the person's conviction; and
1-18                 (3)  is biological evidence or may contain biological
1-19     evidence.
1-20           Art. 11A.03.  TESTING. On receipt of a petition and after
1-21     providing the attorney representing the state with notice and an
1-22     opportunity to respond to the allegations in the petition, the
1-23     court shall order DNA testing if the court finds that:
1-24                 (1)  a reasonable probability exists  that DNA testing
 2-1     of the evidence would produce results that, if favorable to the
 2-2     petitioner, would produce evidence relevant and material to the
 2-3     petitioner's claim of innocence;
 2-4                 (2)  the evidence sought in the petition exists and is
 2-5     in such a condition that DNA testing of the evidence is possible;
 2-6                 (3)  the evidence has not been previously subjected to
 2-7     DNA testing or, if previously subjected to DNA testing, the type of
 2-8     DNA test requested in the petition may be more capable of
 2-9     determining the origin of DNA in or on the evidence than the
2-10     previous test; and
2-11                 (4)  the petition is filed to demonstrate innocence and
2-12     not to unreasonably delay the execution of a sentence or the
2-13     administration of justice.
2-14           Art. 11A.04.  COUNSEL; COSTS OF TESTING.  A petitioner is
2-15     entitled to counsel during a proceeding under this chapter and the
2-16     court shall appoint counsel for an indigent petitioner.
2-17     Compensation of counsel is provided in the same manner as is
2-18     required by:
2-19                 (1)  Article 11.071, for the representation of a
2-20     petitioner convicted of a capital felony; and
2-21                 (2)  Chapter 26 for the representation in a habeas
2-22     corpus hearing of an indigent defendant convicted of a felony other
2-23     than a capital felony.
2-24           Art. 11A.05.  DISCOVERY.  (a)  A court may require the
2-25     attorney representing the state or the petitioner to provide the
2-26     other party with any laboratory reports and notes and underlying
2-27     data resulting from any DNA testing of evidence related to the
 3-1     petitioner's case.
 3-2           (b)  If a court orders testing under this chapter, the court
 3-3     shall require the production of laboratory reports prepared in
 3-4     connection with the testing and may order the production of
 3-5     underlying data and laboratory notes.
 3-6           Art. 11A.06.  PRESERVATION OF EVIDENCE.  On the filing of a
 3-7     petition under this chapter, unless the petition is summarily
 3-8     dismissed, the court shall order the preservation, until
 3-9     proceedings under this chapter are final, of all evidence in the
3-10     petitioner's case that is in the possession of the attorney
3-11     representing the state, law enforcement, a laboratory, or an
3-12     officer of the court and that may be subject to DNA testing.
3-13           Art. 11A.07.  DISMISSAL OR SUBSEQUENT PROCEEDING. If the
3-14     results of DNA testing under this chapter are not favorable to the
3-15     petitioner, the court shall dismiss the petition and make further
3-16     orders as appropriate.  If the results are favorable to the
3-17     petitioner, the petitioner is considered to have met the
3-18     requirements of Section 4(a)(1), Article 11.07, or Section 5(a)(1),
3-19     Article 11.071, whichever applies, and the court shall proceed on
3-20     the matter under the appropriate article.
3-21           SECTION 2. This Act takes effect September 1, 2001, and
3-22     applies to any person filing a petition under Chapter 11A, Code of
3-23     Criminal Procedure, as added by this Act, on or after that date,
3-24     regardless of when the alleged offense that is the subject of the
3-25     petition was committed.