| TO: | Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB498 by McClendon (Relating to the creation of a commission to investigate and prevent wrongful convictions. ), As Passed 2nd House |
The bill would amend the Government Code, Chapter 71, to establish an advisory panel to assist the Task Force on Indigent Defense in conducting a study and preparing a report regarding the prevention of wrongful convictions.
The bill would also amend the Code of Criminal Procedure relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence. The bill specifies that evidence to discredit scientific evidence presented at trial is among the types of claims or issues that can affect court consideration of an application for a writ of habeas corpus. To the extent the bill modifies claims that can be considered for writs of habeas corpus, the rules change is not anticipated to increase the workload of the court system.
The bill would also amend the Code of Criminal Procedure relating to post conviction forensic DNA
analysis. The bill would require that upon completion of DNA testing 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. To the extent the bill would require a new
procedure, the rules change would not significantly increase the workload of the Department of Public
Safety or the courts.
The bill would take effect September 1, 2009.
| Source Agencies: |
| LBB Staff: | JOB, ESi, GG
|