79R7562 JRD-F

By:  Ellis                                                        S.B. No. 1200



A BILL TO BE ENTITLED

AN ACT

relating to information held by a governmental body regarding 
forensic evidence used in the trial of a person sentenced to death 
if the evidence was tested by a forensic laboratory operated by the 
police department in certain municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.108, Government Code, is amended by 
adding Subsections (d), (e), and (f) to read as follows:
	(d)  Notwithstanding Subsection (a) or (b) or other law, 
information held by or for a governmental body, including a law 
enforcement agency or prosecutor, is not confidential or otherwise 
excepted from the requirements of Section 552.021 if the 
information concerns the investigation or prosecution of a capital 
offense that has resulted in the imposition of a sentence of death 
and the request for the information is made only under the following 
circumstances:
		(1)  the request is made by an attorney who is 
representing the person on whom the sentence of death was imposed, 
or, if the person has already been executed or otherwise died, by an 
attorney who represented the person in the defense of the case, 
including representation with regard to an appeal or other 
post-conviction remedies concerning the conviction or the 
imposition of the sentence;
		(2)  the attorney states that the request is made for 
the purpose of investigating forensic evidence used in or relevant 
to the trial of the case;
		(3)  the forensic evidence was tested by an employee or 
independent contractor of a forensic laboratory operated by the 
police department of a municipality with a population of 1.5 
million or more; and
		(4)  after the person was convicted of the capital 
offense, a reasonable basis has arisen on which to question the 
reliability of evidence tested by the laboratory during the period 
in which an employee or independent contractor of the laboratory 
tested, possessed, or testified concerning the evidence.
	(e)  Notwithstanding Subsection (a) or (b) or other law, a 
governmental body, including a law enforcement agency or 
prosecutor, shall disclose:
		(1)  its list of cases in which relevant forensic 
evidence was tested by an employee or independent contractor of a 
forensic laboratory operated by the police department of a 
municipality with a population of 1.5 million or more;
		(2)  its list of cases described by Subdivision (1) in 
which the evidence described by Subdivision (1) has been retested 
or is scheduled to be retested; and
		(3)  for any case described by Subdivision (2) in which 
the evidence has been retested:
			(A)  the results of the retesting;                                    
			(B)  the testing protocol used in the retesting; 
and                
			(C)  all reports and notes relating to the 
retesting.               
	(f)  A district court on application of the governmental body 
may issue an order protecting information that has or will be 
disclosed under Subsection (d) and imposing terms and conditions on 
the use of the information consistent with the purpose for which the 
information was obtained if the information is otherwise 
confidential under law.
	SECTION 2.  Title 1, Code of Criminal Procedure, is amended 
by adding Chapter 64A to read as follows:

CHAPTER 64A.  FORENSIC TESTING IN CAPITAL CASE
	Art. 64A.01.  FORENSIC TESTING OF CERTAIN EVIDENCE AFTER 
CONVICTION IN CAPITAL CASE.  The judge of the court in which a 
person has been convicted of a capital offense may order forensic 
retesting of forensic evidence described by Section 552.108(d), 
Government Code.
	Art. 64A.02.  CONFLICTS.  In the event of a conflict between 
this chapter and Chapter 64, this chapter controls.
	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.