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A BILL TO BE ENTITLED
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AN ACT
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relating to postconviction DNA testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Article 64.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) A convicted person is entitled to counsel during a |
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proceeding under this chapter. The convicting court shall appoint |
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counsel for the convicted person if the person informs the court |
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that the person wishes to submit a motion under this chapter, the |
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court finds reasonable grounds for a motion to be filed, and the |
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court determines that the person is indigent. Counsel must be |
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appointed under this subsection not later than the 45th day after |
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the date the court finds reasonable grounds or the date the court |
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determines that the person is indigent, whichever is later. |
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Compensation of counsel is provided in the same manner as is |
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required by: |
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(1) Article 11.071 for the representation of a |
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petitioner convicted of a capital felony; and |
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(2) Chapter 26 for the representation in a habeas |
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corpus hearing of an indigent defendant convicted of a felony other |
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than a capital felony. |
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SECTION 2. Article 64.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 64.02. NOTICE TO STATE; RESPONSE. (a) On receipt of |
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the motion, the convicting court shall: |
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(1) provide the attorney representing the state with a |
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copy of the motion; and |
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(2) require the attorney representing the state to |
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take one of the following actions in response to the motion not |
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later than the 30th day after the date the motion is served on the |
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attorney representing the state: |
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(A) deliver the evidence to the court, along with |
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a description of the condition of the evidence; or |
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(B) explain in writing to the court why the state |
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cannot deliver the evidence to the court. |
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(b) The convicting court may proceed under Article 64.03 |
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after the response period described by Subsection (a)(2) has |
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expired, regardless of whether the attorney representing the state |
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submitted a response under that subsection. |
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SECTION 3. Subsections (b), (c), and (d), Article 64.03, |
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Code of Criminal Procedure, are amended to read as follows: |
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(b) A convicted person who pleaded guilty or nolo contendere |
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or, whether before or after conviction, made a confession or |
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similar admission in the case may submit a motion under this |
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chapter, and the convicting court is prohibited from finding that |
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identity was not an issue in the case solely on the basis of that |
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plea, confession, or admission, as applicable. |
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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: |
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(1) the Department of Public Safety; |
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(2) [, by] a laboratory operating under a contract |
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with the department;[,] or |
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(3) [,] on the request of the convicted person |
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[agreement of the parties], [by] another laboratory if that |
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laboratory is accredited under Section 411.0205, Government Code. |
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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 |
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testing. If the court orders that the testing be conducted by a |
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laboratory described by this subsection, the court shall include in |
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the order requirements that: |
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(1) the DNA testing be conducted in a timely and |
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efficient manner under reasonable conditions designed to protect |
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the integrity of the evidence and 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 4. The change in law made by this Act applies only |
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to a convicted person who on or after the effective date of this Act |
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submits a motion for forensic DNA testing of evidence under Chapter |
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64, Code of Criminal Procedure, as amended by this Act. A convicted |
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person who submits a motion under Chapter 64, Code of Criminal |
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Procedure, before the effective date of this Act is covered by the |
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law in effect when the motion was submitted, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |