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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(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 there is a |
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reasonable likelihood of containing biological material. The |
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motion must be accompanied by an affidavit, sworn to by the |
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convicted person, containing statements of fact in support of the |
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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 making DNA testing |
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possible, and that there is a reasonable likelihood that the |
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evidence contains biological material suitable for DNA testing; and |
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(ii) has been subjected to a chain of custody sufficient to |
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establish that it has not been substituted, tampered with, |
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replaced, or altered in any material respect; |
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(B) identity was or is an issue in the case; and |
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(2) the convicted person establishes by a preponderance of |
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the evidence that: |
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(A) the person would not have been convicted if exculpatory |
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results had been obtained through DNA testing; and |
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(B) the request for the proposed DNA testing is not made to |
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unreasonably delay the execution of sentence or administration of |
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justice. |
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(a-1) In this section, the term "exculpatory results" may |
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include, but is not limited to, DNA test results that indicate a |
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match, pursuant to a comparison procedure such as that required |
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under Article 64.035, between an unidentified DNA profile on the |
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evidence tested and another individual's DNA profile contained in a |
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DNA database 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. |