By Dutton H.B. No. 864
77R602 GWK-D
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) A petitioner
2-15 is entitled to counsel during a proceeding under this chapter and
2-16 the 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 (b) The State of Texas is liable for the costs of testing
2-25 under this chapter for an indigent petitioner sentenced for a
2-26 capital offense.
2-27 Art. 11A.05. DISCOVERY. (a) A court may require the
3-1 attorney representing the state or the petitioner to provide the
3-2 other party with any laboratory reports and notes and underlying
3-3 data resulting from any DNA testing of evidence related to the
3-4 petitioner's case.
3-5 (b) If a court orders testing under this chapter, the court
3-6 shall require the production of laboratory reports prepared in
3-7 connection with the testing and may order the production of
3-8 underlying data and laboratory notes.
3-9 Art. 11A.06. PRESERVATION OF EVIDENCE. On the filing of a
3-10 petition under this chapter, unless the petition is summarily
3-11 dismissed, the court shall order the preservation, until
3-12 proceedings under this chapter are final, of all evidence in the
3-13 petitioner's case that is in the possession of the attorney
3-14 representing the state, law enforcement, a laboratory, or an
3-15 officer of the court and that may be subject to DNA testing.
3-16 Art. 11A.07. DISMISSAL OR SUBSEQUENT PROCEEDING. If the
3-17 results of DNA testing under this chapter are not favorable to the
3-18 petitioner, the court shall dismiss the petition and make further
3-19 orders as appropriate. If the results are favorable to the
3-20 petitioner, the petitioner is considered to have met the
3-21 requirements of Section 4(a)(1), Article 11.07, or Section 5(a)(1),
3-22 Article 11.071, whichever applies, and the court shall proceed on
3-23 the matter under the appropriate article.
3-24 SECTION 2. This Act takes effect September 1, 2001, and
3-25 applies to any person filing a petition under Chapter 11A, Code of
3-26 Criminal Procedure, as added by this Act, on or after that date,
3-27 regardless of when the alleged offense that is the subject of the
4-1 petition was committed.