By Wentworth S.B. No. 119
77R1026 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing a procedure for postconviction DNA
1-3 testing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Code of Criminal Procedure, is amended
1-6 by adding Article 11.072 to read as follows:
1-7 Art. 11.072. MOTION FOR FORENSIC DNA TESTING. (a) An
1-8 applicant who files an application for a writ of habeas corpus
1-9 under Article 11.07 or 11.071 and in the application asserts a
1-10 claim of actual innocence may submit to the convicting court a
1-11 motion for forensic DNA testing of biological evidence.
1-12 (b) The motion may request DNA testing only of biological
1-13 evidence that was secured in relation to the offense that is the
1-14 basis of the challenged conviction, but was not subjected to the
1-15 requested forensic DNA testing because the technology for the
1-16 testing was not available at the time of trial or at the time of
1-17 the filing of an initial writ of habeas corpus.
1-18 (c) Reasonable notice and an opportunity to respond must be
1-19 provided to the attorney representing the state.
1-20 (d) A trial court may order DNA testing under this article
1-21 only if the applicant establishes by a preponderance of the
1-22 evidence that:
1-23 (1) the applicant entered a plea of not guilty at the
1-24 trial of the offense that is the basis of the challenged
2-1 conviction;
2-2 (2) the identity of the individual committing the
2-3 offense was a contested issue at the trial that resulted in the
2-4 conviction;
2-5 (3) biological evidence was collected in relation to
2-6 the offense that resulted in the conviction, and the biological
2-7 evidence still exists;
2-8 (4) it is possible to subject the biological evidence
2-9 to forensic DNA testing or retesting, and an exclusionary result
2-10 would necessarily exonerate the applicant;
2-11 (5) the biological evidence to be tested has been
2-12 subjected to a chain of custody sufficient to establish that it has
2-13 not been substituted, tampered with, replaced, or altered in any
2-14 material respect; and
2-15 (6) the forensic DNA testing requested employs a
2-16 scientific method sufficiently reliable and relevant to be
2-17 admissible under Rule 702, Texas Rules of Evidence.
2-18 (e) If the applicant meets the requirements of Subsection
2-19 (d), the trial court shall order that:
2-20 (1) the requested DNA testing be conducted by the
2-21 Texas Department of Public Safety, by a laboratory recommended by
2-22 the department, or, on agreement of the parties, by another
2-23 laboratory;
2-24 (2) the DNA testing be conducted under reasonable
2-25 conditions designed to protect the integrity of the evidence and
2-26 the testing process; and
2-27 (3) on completion of the DNA testing, the results of
3-1 the testing and all data related to the testing required for an
3-2 evaluation of the test results be immediately filed with the court
3-3 and copies of the results and data be served on the applicant and
3-4 the attorney representing the state.
3-5 SECTION 2. An applicant who was finally convicted before
3-6 September 1, 2001, and who wishes to assert a claim of actual
3-7 innocence based on DNA testing technology not available at the time
3-8 of trial but available before September 1, 2001, must file an
3-9 application for a postconviction writ of habeas corpus asserting
3-10 actual innocence and a motion requesting postconviction DNA testing
3-11 under Article 11.072, Code of Criminal Procedure, as added by this
3-12 Act, before September 1, 2003.
3-13 SECTION 3. This Act takes effect September 1, 2001.