This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
79R7130 KEL-D
By: Duncan S.B. No. 680
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for post-conviction DNA testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 64.03, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsection (c) to
read as follows:
(a-1) Notwithstanding Subsection (a), the convicting court
may order forensic DNA testing on the filing of a motion under this
chapter if the court finds that the testing would be in the best
interest of justice.
(c) If the convicting court finds in the affirmative the
issues listed in Subsection (a)(1) and the convicted person meets
the requirements of Subsection (a)(2), or if the convicting court
makes a finding under Subsection (a-1), the court shall order that
the requested forensic DNA testing be conducted. The court may
order the test to be conducted by the Department of Public Safety,
by a laboratory operating under a contract with the department, or,
on agreement of the parties, by another laboratory.
SECTION 2. 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 Chapter
64, Code of Criminal Procedure, as amended by this Act. A convicted
person who submits a motion under Chapter 64 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 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.