Amend Floor Amendment No. 1 to CSHB 498 (Senate committee 
printing) by adding the following appropriately numbered SECTIONS 
to the bill and renumbering subsequent SECTIONS of the bill 
accordingly:
	SECTION ____.  Subsection (b), Article 64.01, Code of 
Criminal Procedure, is amended to read as follows:
	(b)  The motion may request forensic DNA testing only of 
evidence described by Subsection (a) that was secured in relation 
to the offense that is the basis of the challenged conviction and 
was in the possession of the state during the trial of the offense, 
but:
		(1)  was not previously subjected to DNA testing[:           
			[(A)  because DNA testing was:                              
				[(i)  not available; or                                    
				[(ii)  available, but not technologically 
capable of providing probative results; or
			[(B)  through no fault of the convicted person, 
for reasons that are of a nature such that the interests of justice 
require DNA testing]; or
		(2)  although previously subjected to DNA testing, can 
be subjected to testing with newer testing techniques that provide 
a reasonable likelihood of results that are more accurate and 
probative than the results of the previous test.
	SECTION ____.  Chapter 64, Code of Criminal Procedure, is 
amended by adding Article 64.035 to read as follows:
	Art. 64.035.  UNIDENTIFIED DNA PROFILES.  On completion of 
the testing under Article 64.03, the convicting court shall order 
any unidentified DNA profile to be compared with the DNA profiles in 
the CODIS DNA database established by the Federal Bureau of 
Investigation.
	SECTION ____.  Article 64.04, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 64.04.  FINDING.  After examining the results of 
testing under Article 64.03 and any comparison of a DNA profile 
under Article 64.035, the convicting court shall hold a hearing and 
make a finding as to whether, had the results been available during 
the trial of the offense, it is reasonably probable that the person 
would not have been convicted.
	SECTION ____.  Articles 64.01(b) and 64.04, Code of Criminal 
Procedure, as amended by this Act, and Article 64.035, Code of 
Criminal Procedure, as added by this Act, apply to a motion for 
forensic DNA testing filed on or after the effective date of this 
Act.  A motion for forensic DNA testing filed before the effective 
date of this Act is covered by the law in effect at the time the 
motion was filed, and the former law is continued in effect for that 
purpose.