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