| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to postconviction forensic DNA testing. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 64.03, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (a-1) and amending Subsection (c) to |
|
|
read as follows: |
|
|
(a-1) In this article, the term "exculpatory results" |
|
|
includes DNA test results that indicate a match, pursuant to a |
|
|
comparison procedure conducted by a laboratory described by |
|
|
Subsection (c), between an unidentified DNA profile on the evidence |
|
|
tested and another individual's DNA profile contained in a DNA |
|
|
database described by Article 64.035 or otherwise in the possession |
|
|
of a law enforcement agency. |
|
|
(c) If the convicting court finds in the affirmative the |
|
|
issues listed in Subsection (a)(1) and the convicted person meets |
|
|
the requirements of Subsection (a)(2), the court shall order that |
|
|
the requested forensic DNA testing be conducted. The court may |
|
|
order the test to be conducted by: |
|
|
(1) a laboratory of the Department of Public Safety; |
|
|
(2) a laboratory operating under a contract with the |
|
|
department; or |
|
|
(3) on the request of the convicted person, another |
|
|
laboratory if that laboratory is accredited under Article 38.01. |
|
|
SECTION 2. The change in law made by this Act applies to a |
|
|
motion for forensic DNA testing filed on or after the effective date |
|
|
of this Act. A motion for forensic DNA testing filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the motion was filed, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |