The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
Amend CSHB 2703 by adding appropriately numbered SECTIONS to
read as follows and by renumbering existing SECTIONS accordingly:
SECTION _____. Chapter 64, Code of Criminal Procedure, is
amended by adding Article 64.06 to read as follows:
Art. 64.06. MANDATORY RETESTING. Notwithstanding any other
provision of this chapter, and regardless of whether a person
previously has filed a motion for forensic DNA testing under this
chapter, the convicting court shall order forensic DNA retesting of
evidence in the person's case that contains biological material
previously tested in a laboratory that was not accredited by the
Department of Public Safety under Section 411.0205, Government
Code. The convicting court shall order the forensic DNA retesting
to be performed at an accredited laboratory.
SECTION _____. Chapter 11, Code of Criminal Procedure, is
amended by adding Article 11.073 to read as follows:
Art. 11.073. SUBSEQUENT APPLICATIONS. For the purposes of
Section 4, Article 11.07, and Section 5, Article 11.071, an
application that alleges specific facts establishing that forensic
evidence in the applicant's criminal case was tested in a
laboratory that was not accredited by the Department of Public
Safety under Section 411.0205, Government Code, establishes a claim
or issue that has not been and could not have been presented
previously in a timely initial application or in a previously
considered application.