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A BILL TO BE ENTITLED
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AN ACT
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relating to postconviction forensic DNA analysis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 64.01(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) The motion may request forensic DNA testing only of |
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evidence described by Subsection (a) that was secured in relation |
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to the offense that is the basis of the challenged conviction and |
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was in the possession of the state during the trial of the offense, |
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but: |
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(1) was not previously subjected to DNA testing[:
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[(A) because DNA testing was:
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[(i) not available; or
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[(ii)
available, but not technologically
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capable of providing probative results; or
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[(B)
through no fault of the convicted person,
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for reasons that are of a nature such that the interests of justice
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require DNA testing]; or |
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(2) although previously subjected to DNA testing, can |
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be subjected to testing with newer testing techniques that provide |
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a reasonable likelihood of results that are more accurate and |
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probative than the results of the previous test. |
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SECTION 2. Chapter 64, Code of Criminal Procedure, is |
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amended by adding Article 64.035 to read as follows: |
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Art. 64.035. UNIDENTIFIED DNA PROFILES. On completion of |
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the testing under Article 64.03, the convicting court shall order |
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any unidentified DNA profile to be compared with the DNA profiles in |
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the CODIS DNA database established by the Federal Bureau of |
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Investigation. |
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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. After examining the results of |
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testing under Article 64.03 and any comparison of a DNA profile |
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under Article 64.035, the convicting court shall hold a hearing and |
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make a finding as to whether, had the results been available during |
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the trial of the offense, it is reasonably probable that the person |
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would not have been convicted. |
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SECTION 4. The change in law made by this Act applies to a |
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motion for forensic DNA testing filed on or after the effective date |
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of this Act. A motion for forensic DNA testing filed before the |
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effective date of this Act is covered by the law in effect at the |
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time the motion was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |