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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. Article 64.01(c), Code of Criminal Procedure, is |
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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 3. 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 60th 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 4. Articles 64.03(b), (c), and (d), Code of |
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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 testing |
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under this subsection unless good cause for payment of that cost has |
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been shown. A political subdivision of the state is not liable for |
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the cost of testing under this subsection, regardless of whether |
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good cause for payment of that cost has been shown. If the court |
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orders that the testing be conducted by a laboratory described by |
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this subsection, the court shall include in the order requirements |
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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 5. (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) Chapter 64, 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 6. This Act takes effect September 1, 2007. |