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A BILL TO BE ENTITLED
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AN ACT
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relating to a motion for forensic DNA testing of certain evidence |
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previously subjected to faulty testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.0731 to read as follows: |
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Art. 11.0731. PROCEDURES RELATED TO CERTAIN PREVIOUSLY |
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TESTED EVIDENCE. (a) This article applies to relevant evidence |
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consisting of biological material described by Article 64.01(a) |
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that was: |
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(1) presented by the state at the convicted person's |
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trial; and |
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(2) subjected to testing: |
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(A) at a laboratory that ceased conducting DNA |
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testing after an audit by the Texas Forensic Science Commission |
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revealed the laboratory engaged in faulty testing practices; and |
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(B) during the period identified in the audit as |
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involving faulty testing practices. |
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(b) A court may grant a convicted person relief on an |
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application for a writ of habeas corpus if the convicted person |
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files an application, in the manner provided by Article 11.07, |
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11.071, or 11.072, containing specific facts indicating that: |
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(1) the person previously filed a motion under Chapter |
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64 for forensic DNA testing of evidence described by Subsection (a) |
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that was denied because of a negative finding under Article |
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64.03(a)(1)(A) or (B); and |
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(2) had the evidence not been presented at the person's |
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trial, on the preponderance of the evidence the person would not |
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have been convicted. |
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(c) For purposes of Section 4(a)(1), Article 11.07, Section |
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5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
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or issue could not have been presented previously in an original |
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application or in a previously considered application if the claim |
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or issue is based on evidence that has been determined by the Texas |
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Forensic Science Commission to have been subjected to faulty DNA |
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testing practices. |
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SECTION 2. 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-1) 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; or |
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(2) although previously subjected to DNA testing: |
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(A) [,] can be subjected to testing with newer |
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testing techniques that provide a reasonable likelihood of results |
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that are more accurate and probative than the results of the |
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previous test; or |
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(B) was tested: |
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(i) at a laboratory that ceased conducting |
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DNA testing after an audit by the Texas Forensic Science Commission |
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revealed the laboratory engaged in faulty testing practices; and |
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(ii) during the period identified in the |
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audit as involving faulty testing practices. |
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SECTION 3. Article 64.03, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding Subsection (c), a convicting court |
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shall order that the requested DNA testing be done with respect to |
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evidence described by Article 64.01(b)(2)(B) if the court finds in |
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the affirmative the issues listed in Subsection (a)(1), regardless |
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of whether the convicted person meets the requirements of |
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Subsection (a)(2). The court may order the test to be conducted by |
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any laboratory that the court may order to conduct a test under |
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Subsection (c). |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |