BILL ANALYSIS

H.B. 3424

By: Thompson, Senfronia

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that DNA evidence that does not belong to a defendant in a criminal case but can be matched with a DNA profile in a law enforcement agency's database should be considered exculpatory evidence and meets the requirements for a defendant to obtain post‑conviction forensic DNA testing. H.B. 3424 seeks to make DNA evidence more available for consideration by the criminal justice system.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3424 amends the Code of Criminal Procedure to establish that, for purposes of forensic DNA testing ordered by a convicting court, exculpatory results include DNA test results that indicate a match between an unidentified DNA profile on the evidence tested and another individual's DNA profile contained in a DNA database or otherwise in the possession of a law enforcement agency.

EFFECTIVE DATE

September 1, 2019.