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A BILL TO BE ENTITLED
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AN ACT
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relat |
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ing 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(a-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a-1) A convicted person may submit to the convicting court |
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a motion for forensic DNA testing of evidence that has a reasonable |
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likelihood of containing biological material. The motion must be |
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accompanied by an affidavit, sworn to by the convicted person, |
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containing statements of fact in support of the motion. |
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SECTION 2. Article 64.03, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A convicting court may order forensic DNA testing under |
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this chapter only if: |
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(1) the court finds that: |
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(A) the evidence: |
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(i) still exists and is in a condition |
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making DNA testing possible; and |
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(ii) has been subjected to a chain of |
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custody sufficient to establish that it has not been substituted, |
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tampered with, replaced, or altered in any material respect; [and] |
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(B) there is a reasonable likelihood that the |
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evidence contains biological material suitable for DNA testing; and |
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(C) identity was or is an issue in the case; and |
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(2) the convicted person establishes by a |
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preponderance of the evidence that: |
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(A) the person would not have been convicted if |
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exculpatory results had been obtained through DNA testing; and |
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(B) the request for the proposed DNA testing is |
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not made to unreasonably delay the execution of sentence or |
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administration of justice. |
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(a-1) In this article, the term "exculpatory results" |
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includes DNA test results that indicate a match, pursuant to a |
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comparison procedure such as that required under Article 64.035, |
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between an unidentified DNA profile on the evidence tested and |
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another individual's DNA profile contained in a DNA database |
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described by that article. |
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SECTION 3. 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 governed by the law in effect on the |
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date the motion was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |