85R12292 MAW-D
 
  By: Lucio III H.B. No. 3872
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a motion for forensic DNA testing of certain evidence
  previously subjected to faulty testing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 11, Code of Criminal Procedure, is
  amended by adding Article 11.0731 to read as follows:
         Art. 11.0731.  PROCEDURES RELATED TO CERTAIN PREVIOUSLY
  TESTED EVIDENCE. (a)  This article applies to relevant evidence
  consisting of biological material described by Article 64.01(a)
  that was:
               (1)  presented by the state at the convicted person's
  trial; and
               (2)  subjected to testing:
                     (A)  at a laboratory that ceased conducting DNA
  testing after an audit by the Texas Forensic Science Commission
  revealed the laboratory engaged in faulty testing practices; and
                     (B)  during the period identified in the audit as
  involving faulty testing practices.
         (b)  A court may grant a convicted person relief on an
  application for a writ of habeas corpus if the convicted person
  files an application, in the manner provided by Article 11.07,
  11.071, or 11.072, containing specific facts indicating that:
               (1)  the person previously filed a motion under Chapter
  64 for forensic DNA testing of evidence described by Subsection (a)
  that was denied because of a negative finding under Article
  64.03(a)(1)(A) or (B); and
               (2)  had the evidence not been presented at the person's
  trial, on the preponderance of the evidence the person would not
  have been convicted.
         (c)  For purposes of Section 4(a)(1), Article 11.07, Section
  5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
  or issue could not have been presented previously in an original
  application or in a previously considered application if the claim
  or issue is based on evidence that has been determined by the Texas
  Forensic Science Commission to have been subjected to faulty DNA
  testing practices.
         SECTION 2.  Article 64.01(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  The motion may request forensic DNA testing only of
  evidence described by Subsection (a-1) that was secured in relation
  to the offense that is the basis of the challenged conviction and
  was in the possession of the state during the trial of the offense,
  but:
               (1)  was not previously subjected to DNA testing; or
               (2)  although previously subjected to DNA testing:
                     (A)  [,] can be subjected to testing with newer
  testing techniques that provide a reasonable likelihood of results
  that are more accurate and probative than the results of the
  previous test; or
                     (B)  was tested:
                           (i)  at a laboratory that ceased conducting
  DNA testing after an audit by the Texas Forensic Science Commission
  revealed the laboratory engaged in faulty testing practices; and
                           (ii)  during the period identified in the
  audit as involving faulty testing practices.
         SECTION 3.  Article 64.03, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Notwithstanding Subsection (c), a convicting court
  shall order that the requested DNA testing be done with respect to
  evidence described by Article 64.01(b)(2)(B) if the court finds in
  the affirmative the issues listed in Subsection (a)(1), regardless
  of whether the convicted person meets the requirements of
  Subsection (a)(2). The court may order the test to be conducted by
  any laboratory that the court may order to conduct a test under
  Subsection (c).
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.