SRC-TJG C.S.H.B. 1011 78(R) BILL ANALYSIS Senate Research CenterH.B. 1011 By: Hochberg et al. (Duncan) Administration 4-17-2003 Engrossed DIGEST AND PURPOSE The 77th Texas Legislature passed S.B 3, which established a procedure for the testing of postconviction DNA, to provide an opportunity for biological evidence to be tested in postconviction cases where testing or technology was not available at the time of the trial. H.B. 1011 clarifies the intent of S.B. 3 to ensure efficient and effective use of the post-conviction DNA law. H.B. 1011clarifies that the court is required to appoint a lawyer only when it finds reasonable grounds for the motion to be filed. The bill clarifies that the standard of proof for DNA testing is a preponderance of the evidence. This bill further clarifies that the defendant does not have to meet a two-prong test of not having been convicted or indicted, by striking out the " indicted or" language. Finally, this bill corrects an inadvertent mistake which provided that all capital cases had a direct appeal to the court of criminal appeals. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 64.01(c), Code of Criminal Procedure, as follows: (c) Requires the convicting court to appoint counsel for the convicted person if the person informs the court that the person wishes to submit a motion under this chapter, the court finds reasonable grounds for a motion to be filed, and the court determines that the person is indigent. Makes nonsubstantives changes. SECTION 2. Amends Chapter 64, Code of Criminal Procedure, by adding Article 64.011, as follows: Art. 64.011. GUARDIANS AND OTHER REPRESENTATIVES. (a) Defines "guardian of a convicted person" for the purposes of this chapter. (b) Authorizes a guardian of a convicted person to submit motions for the convicted person under this chapter and provides that the guardian is entitled to counsel otherwise provided to a convicted person under this chapter. SECTION 3. Amends Article 64.03(a), Code of Criminal Procedure, as follows: (a) Authorizes a convicting court to order forensic DNA testing under this chapter only if the convicted person establishes by a preponderance of evidence that the person would not have been convicted if exculpatory results had been obtained through DNA, rather than if the convicted person establishes by a preponderance of the evidence that a reasonable probability exists that the person would not have been prosecuted or convicted if such results had been obtained. SECTION 4. Amends Article 64.04, Code of Criminal Procedure, as follows: Art. 64.04. FINDING. Requires the convicting court to hold a hearing and make a finding as to whether, had the result been available during the trial of offense, rather than before or during the trial of offense, it is reasonably probable that the person would not have been convicted, rather than prosecuted or convicted. SECTION 5. Amends Article 64.05, Code of Criminal Procedure, as follows: Art. 64.05. APPEALS. Provides that an appeal under this chapter, rather than Article 64.03 or 64.04, is to a court of appeals in the same manner as an appeal of any other criminal matter, except that if the convicted person was convicted in a capital case and was sentenced to death, the appeal is a direct appeal to the court of criminal appeals. Deletes existing text relating to the appeal of a finding. SECTION 6. Amends Article 43.141(d), Code of Criminal Procedure, to authorize a convicting court to modify or withdraw the order of the court setting a date for execution in a death penalty case if the court determines that additional proceedings are necessary on a motion for forensic testing of DNA evidence submitted under Chapter 64. SECTION 7. Amends Article 44.01(a), Code of Criminal Procedure, to provide that the state is entitled to appeal an order of a court in a criminal case if the order is issued under Chapter 64. SECTION 8. Provides that the change in law made by this Act applies only to a convicted person who on or after the effective date of this Act submits a motion for forensic DNA testing of evidence under Article 64.01, Code of Criminal Procedure, as amended by this Act. Provides that a convicted person who submits a motion under Article 64.01 before the effective date of this Act is covered by the law in effect when the motion was submitted, and the former law is continued in effect for that purpose. SECTION 9. Effective date: September 1, 2003.