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. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. The Code of Criminal Procedure is amended by 1-5 adding Chapter 11A to read as follows: 1-6 CHAPTER 11A. POSTCONVICTION DNA TESTING 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.