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.