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A BILL TO BE ENTITLED
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AN ACT
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relating to postconviction forensic testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article 11.07, Code of Criminal |
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Procedure, is amended by amending Subsection (d) and adding |
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Subsection (e) to read as follows: |
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(d) If the convicting court decides that there are |
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controverted, previously unresolved facts which are material to the |
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legality of the applicant's confinement, it shall enter an order |
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within 20 days of the expiration of the time allowed for the state |
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to reply, designating the issues of fact to be resolved. To resolve |
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those issues the court may order affidavits, depositions, |
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interrogatories, additional forensic testing, and hearings, as |
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well as using personal recollection. The state shall pay the cost of |
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additional forensic testing ordered under this subsection, except |
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that the applicant shall pay the cost of the testing if the |
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applicant retains counsel for purposes of filing an application |
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under this article. The [Also, the] convicting court may appoint an |
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attorney or a magistrate to hold a hearing and make findings of |
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fact. An attorney so appointed shall be compensated as provided in |
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Article 26.05 of this code. It shall be the duty of the reporter who |
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is designated to transcribe a hearing held pursuant to this article |
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to prepare a transcript within 15 days of its conclusion. After the |
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convicting court makes findings of fact or approves the findings of |
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the person designated to make them, the clerk of the convicting |
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court shall immediately transmit to the Court of Criminal Appeals, |
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under one cover, the application, any answers filed, any motions |
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filed, transcripts of all depositions and hearings, any affidavits, |
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and any other matters such as official records used by the court in |
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resolving issues of fact. |
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(e) For the purposes of Subsection (d), "additional |
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forensic testing" does not include forensic DNA testing as provided |
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for in Chapter 64. |
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SECTION 2. Articles 64.03(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) If the convicting court finds in the affirmative the |
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issues listed in Subsection (a)(1) and the convicted person meets |
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the requirements of Subsection (a)(2), the court shall order that |
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the requested forensic DNA testing be conducted. The court may |
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order the test to be conducted by the Department of Public Safety, |
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by a laboratory operating under a contract with the department, or, |
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on agreement of the parties or for good cause shown, by another |
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laboratory. |
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(d) If the convicting court orders that the forensic DNA |
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testing be conducted by a laboratory other than a Department of |
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Public Safety laboratory or a laboratory under contract with the |
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department, the State of Texas is not liable for the cost of testing |
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unless good cause for payment of that cost has been shown. If the |
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court orders that the testing be conducted by a laboratory |
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described by this subsection, the court shall include in the order |
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requirements that: |
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(1) the DNA testing be conducted under reasonable |
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conditions designed to protect the integrity of the evidence and |
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the testing process; |
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(2) the DNA testing employ a scientific method |
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sufficiently reliable and relevant to be admissible under Rule 702, |
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Texas Rules of Evidence; and |
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(3) on completion of the DNA testing, the results of |
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the testing and all data related to the testing required for an |
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evaluation of the test results be immediately filed with the court |
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and copies of the results and data be served on the convicted person |
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and the attorney representing the state. |
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SECTION 3. (a) Section 3(d), Article 11.07, Code of |
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Criminal Procedure, as amended by this Act, applies only to an |
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application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application filed before the |
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effective date of this Act is covered by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(b) Article 64.03, Code of Criminal Procedure, as amended by |
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this Act, applies only to a motion for forensic DNA testing filed on |
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or after the effective date of this Act. A motion filed before the |
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effective date of this Act is covered by the law in effect when the |
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motion was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |