Bill Text: TX SB1292 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to DNA testing of biological evidence in certain capital cases.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1292 Detail]
Download: Texas-2013-SB1292-Enrolled.html
S.B. No. 1292 |
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relating to DNA testing of biological evidence in certain capital | ||
cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 38.43, Code of Criminal Procedure, is | ||
amended by adding Subsections (i), (j), (k), (l), and (m) to read as | ||
follows: | ||
(i) Before a defendant is tried for a capital offense in | ||
which the state is seeking the death penalty, subject to Subsection | ||
(j), the state shall require either the Department of Public Safety | ||
through one of its laboratories or a laboratory accredited under | ||
Section 411.0205, Government Code, to perform DNA testing, in | ||
accordance with the laboratory's capabilities at the time the | ||
testing is performed, on any biological evidence that was collected | ||
as part of an investigation of the offense and is in the possession | ||
of the state. The laboratory that performs the DNA testing shall | ||
pay for all DNA testing performed in accordance with this | ||
subsection. | ||
(j) As soon as practicable after the defendant is charged | ||
with a capital offense, or on a motion by the state or the defendant | ||
in a capital case, unless the state has affirmatively waived the | ||
death penalty in writing, the court shall order the state and the | ||
defendant to meet and confer about which biological materials | ||
collected as part of an investigation of the offense qualify as | ||
biological evidence that is required to be tested under Subsection | ||
(i). If the state and the defendant agree on which biological | ||
materials constitute biological evidence, the biological evidence | ||
shall be tested in accordance with Subsection (i). If the state and | ||
the defendant do not agree on which biological materials qualify as | ||
biological evidence, the state or the defendant may request the | ||
court to hold a hearing to determine the issue. On receipt of a | ||
request for a hearing under this subsection, the court shall set a | ||
date for the hearing and provide written notice of the hearing date | ||
to the state and the defendant. At the hearing, there is a | ||
rebuttable presumption that the biological material that the | ||
defendant requests to be tested constitutes biological evidence | ||
that is required to be tested under Subsection (i). This subsection | ||
does not in any way prohibit the state from testing biological | ||
evidence in the state's possession. | ||
(k) If an item of biological evidence is destroyed or lost | ||
as a result of DNA testing performed under Subsection (i), the | ||
laboratory that tested the evidence must provide to the defendant | ||
any bench notes prepared by the laboratory that are related to the | ||
testing of the evidence and the results of that testing. | ||
(l) The defendant's exclusive remedy for testing that was | ||
not performed as required under Subsection (i) or (j) is to seek a | ||
writ of mandamus from the court of criminal appeals at any time on | ||
or before the date an application for a writ of habeas corpus is due | ||
to be filed in the defendant's case under Section 4(a), Article | ||
11.071. An application for a writ of mandamus under this subsection | ||
does not toll any period of limitations applicable to a habeas | ||
petition under state or federal law. The defendant is entitled to | ||
only one application for a writ of mandamus under this subsection. | ||
At any time after the date an application for a writ of habeas | ||
corpus is filed in the defendant's case under Section 4(a), Article | ||
11.071, the defendant may file one additional motion for forensic | ||
testing under Chapter 64. | ||
(m) A defendant may have another laboratory accredited | ||
under Section 411.0205, Government Code, perform additional | ||
testing of any biological evidence required to be tested under | ||
Subsection (i). On an ex parte showing of good cause to the court, a | ||
defendant may have a laboratory accredited under Section 411.0205, | ||
Government Code, perform testing of any biological material that is | ||
not required to be tested under Subsection (i). The defendant is | ||
responsible for the cost of any testing performed under this | ||
subsection. | ||
SECTION 2. Subsections (i), (j), (k), (l), and (m), Article | ||
38.43, Code of Criminal Procedure, as added by this Act, apply only | ||
to a trial that commences on or after the effective date of this | ||
Act, regardless of whether the alleged offense was committed | ||
before, on, or after that date. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1292 passed the Senate on | ||
April 17, 2013, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 24, 2013, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1292 passed the House, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 145, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |