Bill Text: TX HB2438 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to postconviction forensic DNA analysis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-11 - Laid on the table subject to call [HB2438 Detail]
Download: Texas-2015-HB2438-Comm_Sub.html
84R18531 MEW-F | |||
By: Thompson of Harris | H.B. No. 2438 | ||
Substitute the following for H.B. No. 2438: | |||
By: Herrero | C.S.H.B. No. 2438 |
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relating to postconviction forensic DNA analysis. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 64.01(a-1), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a-1) A convicted person may submit to the convicting court | ||
a motion for forensic DNA testing of evidence that has a reasonable | ||
likelihood of 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. | ||
SECTION 2. Article 64.03(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A convicting court may order forensic DNA testing under | ||
this chapter only if: | ||
(1) the court finds that: | ||
(A) the evidence: | ||
(i) still exists and is in a condition | ||
making DNA testing possible; and | ||
(ii) has been subjected to a chain of | ||
custody sufficient to establish that it has not been substituted, | ||
tampered with, replaced, or altered in any material respect; [ |
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(B) there is a reasonable likelihood that the | ||
evidence contains biological material suitable for DNA testing; and | ||
(C) identity was or is an issue in the case; and | ||
(2) the convicted person establishes by a | ||
preponderance of the evidence that: | ||
(A) the person would not have been convicted if | ||
exculpatory results had been obtained through DNA testing; and | ||
(B) the request for the proposed DNA testing is | ||
not made to unreasonably delay the execution of sentence or | ||
administration of justice. | ||
SECTION 3. The change in law made by this Act 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 governed by the law in effect on the | ||
date the motion was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |