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78R9079 GWK-D
By: McClendon H.B. No. 3255
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain post-conviction procedures
to inmates in whose trials forensic evidence was admitted after
analysis at an unprofessional laboratory.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 the general professionalism of
which has been publicly criticized by the attorney representing the
state. The convicting court shall order the forensic DNA retesting
to be performed at a laboratory agreed to by the attorney
representing the state and the attorney representing the defendant.
SECTION 2. 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 the general professionalism of which has been publicly
criticized by the attorney representing the state 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.
SECTION 3. This Act takes effect September 1, 2003.