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A BILL TO BE ENTITLED
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AN ACT
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relating to the forfeiture of an inmate's good conduct time as a |
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result of filing certain motions for forensic DNA testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 498, Government Code, is amended by |
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adding Section 498.0047 to read as follows: |
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Sec. 498.0047. FORFEITURE OF GOOD CONDUCT TIME: FRIVOLOUS |
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POSTCONVICTION DNA MOTIONS. (a) On receipt of a certified copy of |
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a finding described by Article 64.04(b), Code of Criminal |
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Procedure, regarding forensic DNA testing conducted on behalf of an |
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inmate while the inmate was in the custody of the department or was |
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confined in county jail awaiting transfer to the department |
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following the conviction of a felony or the revocation of community |
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supervision, parole, or mandatory supervision, the department |
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shall forfeit: |
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(1) 180 days of the inmate's accrued good conduct time, |
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if the inmate is serving a sentence for a felony of the third |
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degree; |
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(2) 365 days of the inmate's accrued good conduct time, |
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if the inmate is serving a sentence for a felony of the second |
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degree; or |
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(3) all of the inmate's accrued good conduct time, if |
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the inmate is serving a sentence for a first degree or capital |
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felony. |
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(b) The department may not restore good conduct time |
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forfeited under this section. |
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SECTION 2. Article 64.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A convicted person may submit to the convicting court a |
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motion for forensic DNA testing of evidence containing biological |
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material. The motion must be accompanied by an affidavit, sworn to |
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by the convicted person, containing statements of fact in support |
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of the motion, including a statement that the requested DNA |
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testing, if conducted, will not further inculpate the convicted |
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person in relation to the offense that is the basis of the |
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challenged conviction. |
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SECTION 3. Article 64.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 64.04. FINDING. (a) After examining the results of |
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testing under Article 64.03, the convicting court shall hold a |
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hearing and make a finding as to whether, had the results been |
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available during the trial of the offense, it is reasonably |
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probable that the person would not have been convicted. |
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(b) If the court finds that, had the results been available |
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during the trial of the offense, it is reasonably probable that the |
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person would still have been convicted, the court shall forward a |
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certified copy of that finding to: |
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(1) the Texas Department of Criminal Justice; and |
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(2) the victim of the offense that is the basis of the |
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challenged conviction, at the last known address of the victim. |
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SECTION 4. Section 498.0047, Government Code, as added by |
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this Act, applies only to a forfeiture of good conduct time based on |
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the filing of a motion for forensic DNA testing under Chapter 64, |
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Code of Criminal Procedure, on or after September 1, 2009. |
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SECTION 5. Articles 64.01(a) and 64.04, Code of Criminal |
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Procedure, as amended by this Act, apply only to a motion for |
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forensic DNA testing filed under Chapter 64, Code of Criminal |
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Procedure, on or after September 1, 2009, or to a finding related to |
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that motion. |
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SECTION 6. This Act takes effect September 1, 2009. |