Bill Text: TX SB1292 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Ellis, Schwertner | S.B. No. 1292 | |
(In the Senate - Filed March 7, 2013; March 13, 2013, read | ||
first time and referred to Committee on Criminal Justice; | ||
April 11, 2013, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 4, Nays 0; April 11, 2013, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1292 | By: Rodriguez |
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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, the Department of | ||
Public Safety shall perform DNA testing, in accordance with the | ||
department's capabilities at the time the testing is performed, or | ||
have DNA tested by a laboratory accredited under Section 411.0205, | ||
Government Code, on all biological evidence that was collected as | ||
part of an investigation of the offense. The Department of Public | ||
Safety 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, 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, a request by the | ||
defendant to test biological material is prima facie evidence that | ||
the biological material constitutes biological evidence that is | ||
required to be tested under Subsection (i). | ||
(k) If an item of biological evidence is destroyed as a | ||
result of DNA testing performed under Subsection (i), the | ||
laboratory that tested the evidence must provide to the defendant | ||
any documentation related to the testing of the evidence and the | ||
results of that testing. | ||
(l) A defendant is not entitled to a new trial or to a new | ||
sentencing proceeding based solely on a violation of Subsection | ||
(i), (j), or (k). | ||
(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. | ||
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