Bill Text: TX HB3424 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to postconviction forensic DNA testing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Received from the House [HB3424 Detail]
Download: Texas-2019-HB3424-Introduced.html
86R11097 KJE-F | ||
By: Thompson of Harris | H.B. No. 3424 |
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relating to postconviction forensic DNA testing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 64.03, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) and amending Subsection (c) to | ||
read as follows: | ||
(a-1) In this article, the term "exculpatory results" | ||
includes DNA test results that indicate a match, pursuant to a | ||
comparison procedure conducted by a laboratory described by | ||
Subsection (c), between an unidentified DNA profile on the evidence | ||
tested and another individual's DNA profile contained in a DNA | ||
database described by Article 64.035 or otherwise in the possession | ||
of a law enforcement agency. | ||
(c) If the convicting court finds in the affirmative the | ||
issues listed in Subsection (a)(1) and the convicted person meets | ||
the requirements of Subsection (a)(2), the court shall order that | ||
the requested forensic DNA testing be conducted. The court may | ||
order the test to be conducted by: | ||
(1) a laboratory of the Department of Public Safety; | ||
(2) a laboratory operating under a contract with the | ||
department; or | ||
(3) on the request of the convicted person, another | ||
laboratory if that laboratory is accredited under Article 38.01. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2019. |