bill on postconviction forensic DNA testing

The text as introduced · 274 words

89R5523 MCF-F

By: Thompson
H.B. No. 1222

A BILL TO BE ENTITLED

AN ACT

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, "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, 2025.