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A BILL TO BE ENTITLED
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AN ACT
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relating to the testing of evidence containing biological materials |
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in capital cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 38.43(i), (j), and (k), Code of |
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Criminal Procedure, are amended to read as follows: |
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(i) Before a defendant is tried for a capital offense in |
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which the state is seeking the death penalty, subject to Subsection |
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(j), the state shall require either the Department of Public Safety |
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through one of its laboratories or a laboratory accredited under |
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Article 38.01 to perform nuclear DNA testing, in accordance with |
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the laboratory's capabilities at the time the testing is performed, |
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on any biological evidence that was collected as part of an |
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investigation of the offense and is in the possession of the state. |
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The laboratory that performs the nuclear DNA testing shall pay for |
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all nuclear DNA testing performed in accordance with this |
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subsection. |
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(j) As soon as practicable after the defendant is charged |
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with a capital offense, or on a motion by the state or the defendant |
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in a capital case, unless the state has affirmatively waived the |
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death penalty in writing, the court shall order the state, a subject |
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matter expert from the laboratory required to perform the testing |
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under Subsection (i), and the defendant to meet and confer about |
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which biological materials collected as part of an investigation of |
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the offense qualify as biological evidence that is required to be |
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tested under that subsection [Subsection (i)]. If the state, the |
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subject matter expert, and the defendant agree on which biological |
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materials constitute biological evidence, the biological evidence |
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shall be tested in accordance with Subsection (i). If the state, |
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the subject matter expert, and the defendant do not agree on which |
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biological materials qualify as biological evidence, the state or |
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the defendant may request the court to hold a hearing to determine |
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the issue. On receipt of a request for a hearing under this |
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subsection, the court shall set a date for the hearing and provide |
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written notice of the hearing date to the state, the laboratory |
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required to perform the testing, and the defendant. At the hearing, |
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there is a rebuttable presumption that the biological material that |
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the defendant requests to be tested constitutes biological evidence |
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that is required to be tested under Subsection (i). This subsection |
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does not in any way prohibit the state from testing biological |
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evidence in the state's possession. |
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(k) If an item of biological evidence is destroyed or lost |
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as a result of nuclear DNA testing performed under Subsection (i), |
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the laboratory that tested the evidence must provide to the |
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defendant any bench notes prepared by the laboratory that are |
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related to the testing of the evidence and the results of that |
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testing. |
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SECTION 2. Article 38.43, Code of Criminal Procedure, as |
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amended by this Act, applies to a capital case for which the |
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indictment was filed on or after the effective date of this Act. A |
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capital case for which the indictment was 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 indictment was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |