Hinojosa’s bill on DNA testing in capital cases

The text as introduced · 559 words

89R14488 EAS-F

By: Hinojosa of Hidalgo
S.B. No. 1937

A BILL TO BE ENTITLED

AN ACT

relating to the testing of evidence containing biological materials

in capital cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Articles 38.43(i), (j), and (k), Code of

Criminal Procedure, are amended to read as follows:

(i) Before a defendant is tried for a capital offense in

which the state is seeking the death penalty, subject to Subsection

(j), the state shall require either the Department of Public Safety

through one of its laboratories or a laboratory accredited under

Article 38.01 to perform nuclear DNA testing, in accordance with

the laboratory's capabilities at the time the testing is performed,

on any biological evidence that was collected as part of an

investigation of the offense and is in the possession of the state.

The laboratory that performs the nuclear DNA testing shall pay for

all nuclear DNA testing performed in accordance with this

subsection.

(j) As soon as practicable after the defendant is charged

with a capital offense, or on a motion by the state or the defendant

in a capital case, unless the state has affirmatively waived the

death penalty in writing, the court shall order the state , a subject

matter expert from the laboratory required to perform the testing

under Subsection (i), and the defendant to meet and confer about

which biological materials collected as part of an investigation of

the offense qualify as biological evidence that is required to be

tested under that subsection [ Subsection (i) ]. If the state , the

subject matter expert, and the defendant agree on which biological

materials constitute biological evidence, the biological evidence

shall be tested in accordance with Subsection (i). If the state ,

the subject matter expert, and the defendant do not agree on which

biological materials qualify as biological evidence, the state or

the defendant may request the court to hold a hearing to determine

the issue. On receipt of a request for a hearing under this

subsection, the court shall set a date for the hearing and provide

written notice of the hearing date to the state , the laboratory

required to perform the testing, and the defendant. At the hearing,

there is a rebuttable presumption that the biological material that

the defendant requests to be tested constitutes biological evidence

that is required to be tested under Subsection (i). This subsection

does not in any way prohibit the state from testing biological

evidence in the state's possession.

(k) If an item of biological evidence is destroyed or lost

as a result of nuclear DNA testing performed under Subsection (i),

the laboratory that tested the evidence must provide to the

defendant any bench notes prepared by the laboratory that are

related to the testing of the evidence and the results of that

testing.

SECTION 2. Article 38.43, Code of Criminal Procedure, as

amended by this Act, applies to a capital case for which the

indictment was filed on or after the effective date of this Act. A

capital case for which the indictment was filed before the

effective date of this Act is governed by the law in effect on the

date the indictment was filed, and the former law is continued in

effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.