By: Duncan  S.B. No. 499
       (In the Senate - Filed February 7, 2007; February 21, 2007,
read first time and referred to Committee on Criminal Justice;
April 2, 2007, reported adversely, with favorable Committee
Substitute by the following vote:  Yeas 4, Nays 0; April 2, 2007,
sent to printer.)
 
COMMITTEE SUBSTITUTE FOR S.B. No. 499 By:  Ellis
 
A BILL TO BE ENTITLED
AN ACT
 
relating to postconviction DNA testing.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsection (c), Article 64.01, Code of Criminal
Procedure, is amended to read as follows:
       (c)  A convicted person is entitled to counsel during a
proceeding under this chapter. The convicting court shall appoint
counsel for the convicted person if the person informs the court
that the person wishes to submit a motion under this chapter, the
court finds reasonable grounds for a motion to be filed, and the
court determines that the person is indigent. Counsel must be
appointed under this subsection not later than the 45th day after
the date the court finds reasonable grounds or the date the court
determines that the person is indigent, whichever is later.
Compensation of counsel is provided in the same manner as is
required by:
             (1)  Article 11.071 for the representation of a
petitioner convicted of a capital felony; and
             (2)  Chapter 26 for the representation in a habeas
corpus hearing of an indigent defendant convicted of a felony other
than a capital felony.
       SECTION 2.  Article 64.02, Code of Criminal Procedure, is
amended to read as follows:
       Art. 64.02.  NOTICE TO STATE; RESPONSE. (a)  On receipt of
the motion, the convicting court shall:
             (1)  provide the attorney representing the state with a
copy of the motion; and
             (2)  require the attorney representing the state to
take one of the following actions in response to the motion not
later than the 30th day after the date the motion is served on the
attorney representing the state:
                   (A)  deliver the evidence to the court, along with
a description of the condition of the evidence; or
                   (B)  explain in writing to the court why the state
cannot deliver the evidence to the court.
       (b)  The convicting court may proceed under Article 64.03
after the response period described by Subsection (a)(2) has
expired, regardless of whether the attorney representing the state
submitted a response under that subsection.
       SECTION 3.  Subsections (b), (c), and (d), Article 64.03,
Code of Criminal Procedure, are amended to read as follows:
       (b)  A convicted person who pleaded guilty or nolo contendere
or, whether before or after conviction, made a confession or
similar admission in the case may submit a motion under this
chapter, and the convicting court is prohibited from finding that
identity was not an issue in the case solely on the basis of that
plea, confession, or admission, as applicable.
       (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), the court shall order that
the requested forensic DNA testing be conducted. The court may
order the test to be conducted by:
             (1)  the Department of Public Safety;
             (2)  [, by] a laboratory operating under a contract
with the department;[,] or
             (3)  [,] on the request of the convicted person
[agreement of the parties], [by] another laboratory if that
laboratory is accredited under Section 411.0205, Government Code.
       (d)  If the convicting court orders that the forensic DNA
testing be conducted by a laboratory other than a Department of
Public Safety laboratory or a laboratory under contract with the
department, the State of Texas is not liable for the cost of
testing.  If the court orders that the testing be conducted by a
laboratory described by this subsection, the court shall include in
the order requirements that:
             (1)  the DNA testing be conducted in a timely and
efficient manner under reasonable conditions designed to protect
the integrity of the evidence and the testing process;
             (2)  the DNA testing employ a scientific method
sufficiently reliable and relevant to be admissible under Rule 702,
Texas Rules of Evidence; and
             (3)  on completion of the DNA testing, the results of
the testing and all data related to the testing required for an
evaluation of the test results be immediately filed with the court
and copies of the results and data be served on the convicted person
and the attorney representing the state.
       SECTION 4.  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, Code of Criminal
Procedure, 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 5.  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, 2007.
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