Bill Text: TX HB1573 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to certain pretrial and post-trial procedures and testing in a criminal case.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1573 Detail]
Download: Texas-2011-HB1573-Enrolled.html
H.B. No. 1573 |
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relating to certain pretrial and post-trial procedures and testing | ||
in a criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.085, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.085. NOTICE OF APPEARANCE DATE. The clerk of a | ||
court that does not provide online Internet access to that court's | ||
criminal case records shall post in a designated public place in the | ||
courthouse notice of a prospective criminal court docket setting as | ||
soon as the court notifies the clerk of the setting [ |
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SECTION 2. Article 20.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 20.22. PRESENTMENT ENTERED OF RECORD. (a) The fact | ||
of a presentment of indictment by a grand jury shall be entered in | ||
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under bond, noting briefly the style of the criminal action, [ |
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the file number of the indictment, and the defendant's name. | ||
(b) If the defendant is not in custody or under bond at the | ||
time of the presentment of indictment, the indictment may not be | ||
made public and the entry in the record of the court relating to the | ||
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capias is served and the defendant is placed in custody or under | ||
bond. | ||
SECTION 3. Sections 2(b) and (f), Article 55.02, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(b) The petition must be verified and must [ |
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the following or an explanation for why one or more of the following | ||
is not included: | ||
(1) the petitioner's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race; | ||
(D) date of birth; | ||
(E) driver's license number; | ||
(F) social security number; and | ||
(G) address at the time of the arrest; | ||
(2) the offense charged against the petitioner; | ||
(3) the date the offense charged against the | ||
petitioner was alleged to have been committed; | ||
(4) the date the petitioner was arrested; | ||
(5) the name of the county where the petitioner was | ||
arrested and if the arrest occurred in a municipality, the name of | ||
the municipality; | ||
(6) the name of the agency that arrested the | ||
petitioner; | ||
(7) the case number and court of offense; and | ||
(8) together with the applicable physical or e-mail | ||
addresses, a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that the petitioner has reason to believe have records or | ||
files that are subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that the petitioner has reason to believe have information related | ||
to records or files that are subject to expunction. | ||
(f) An ex parte petition filed under Subsection (e) must be | ||
verified and must include the following or an explanation for why | ||
one or more of the following is not included: | ||
(1) the person's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race; | ||
(D) date of birth; | ||
(E) driver's license number; | ||
(F) social security number; and | ||
(G) address at the time of the arrest; | ||
(2) the offense charged against the person; | ||
(3) the date the offense charged against the person | ||
was alleged to have been committed; | ||
(4) the date the person was arrested; | ||
(5) the name of the county where the person was | ||
arrested and if the arrest occurred in a municipality, the name of | ||
the municipality; | ||
(6) the name of the agency that arrested the person; | ||
(7) the case number and court of offense; and | ||
(8) together with the applicable physical or e-mail | ||
addresses, a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that the person has reason to believe have records or files | ||
that are subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that the person has reason to believe have information relating to | ||
records or files that are subject to expunction. | ||
SECTION 4. Section 2a(c), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) After verifying the allegations in an application | ||
received under Subsection (a), the attorney representing the state | ||
shall: | ||
(1) include on the application information regarding | ||
the arrest that was requested of the applicant but was unknown by | ||
the applicant; | ||
(2) forward a copy of the application to the district | ||
court for the county; | ||
(3) together with the applicable physical or e-mail | ||
addresses, attach to the copy a list of all: | ||
(A) law enforcement agencies, jails or other | ||
detention facilities, magistrates, courts, prosecuting attorneys, | ||
correctional facilities, central state depositories of criminal | ||
records, and other officials or agencies or other entities of this | ||
state or of any political subdivision of this state; | ||
(B) central federal depositories of criminal | ||
records that are reasonably likely to have records or files | ||
containing information that is subject to expunction; and | ||
(C) private entities that compile and | ||
disseminate for compensation criminal history record information | ||
that are reasonably likely to have records or files containing | ||
information that is subject to expunction; and | ||
(4) request the court to enter an order directing | ||
expunction based on an entitlement to expunction under Article | ||
55.01(d). | ||
SECTION 5. Article 64.01, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (b) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) In this section, "biological material": | ||
(1) means an item that is in possession of the state | ||
and that contains blood, semen, hair, saliva, skin tissue or cells, | ||
fingernail scrapings, bone, bodily fluids, or other identifiable | ||
biological evidence that may be suitable for forensic DNA testing; | ||
and | ||
(2) includes the contents of a sexual assault evidence | ||
collection kit. | ||
(a-1) A convicted person may submit to the convicting court | ||
a motion for forensic DNA testing of evidence containing biological | ||
material. The motion must be accompanied by an affidavit, sworn to | ||
by the convicted person, containing statements of fact in support | ||
of the motion. | ||
(b) The motion may request forensic DNA testing only of | ||
evidence described by Subsection (a-1) [ |
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relation to the offense that is the basis of the challenged | ||
conviction and was in the possession of the state during the trial | ||
of the offense, but: | ||
(1) was not previously subjected to DNA testing[ |
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(2) although previously subjected to DNA testing, can | ||
be subjected to testing with newer testing techniques that provide | ||
a reasonable likelihood of results that are more accurate and | ||
probative than the results of the previous test. | ||
SECTION 6. Chapter 64, Code of Criminal Procedure, is | ||
amended by adding Article 64.035 to read as follows: | ||
Art. 64.035. UNIDENTIFIED DNA PROFILES. If an analyzed | ||
sample meets the applicable requirements of state or federal | ||
submission policies, on completion of the testing under Article | ||
64.03, the convicting court shall order any unidentified DNA | ||
profile to be compared with the DNA profiles in: | ||
(1) the DNA database established by the Federal Bureau | ||
of Investigation; and | ||
(2) the DNA database maintained by the Department of | ||
Public Safety under Subchapter G, Chapter 411, Government Code. | ||
SECTION 7. Article 64.04, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 64.04. FINDING. After examining the results of | ||
testing under Article 64.03 and any comparison of a DNA profile | ||
under Article 64.035, the convicting court shall hold a hearing and | ||
make a finding as to whether, had the results been available during | ||
the trial of the offense, it is reasonably probable that the person | ||
would not have been convicted. | ||
SECTION 8. The changes in law made by this Act in amending | ||
Article 55.02, Code of Criminal Procedure, apply to any petition or | ||
application for the expunction of arrest records and files that is | ||
filed on or after the effective date of this Act, regardless of | ||
whether the arrest occurred before, on, or after that date. | ||
SECTION 9. | ||
The change in law made by this Act in amending | ||
Chapter 64, Code of Criminal Procedure, 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 covered by the law in effect at the time the | ||
motion was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 10. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1573 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1573 on May 21, 2011, by the following vote: Yeas 140, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1573 was passed by the Senate, with | ||
amendments, on May 18, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |