Bill Text: TX HB217 | 2021-2022 | 87th Legislature | Introduced

---

Bill Title: Relating to postconviction forensic DNA testing.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2021-05-18 - Failed to receive affirmative vote in comm. [HB217 Detail]

Download: Texas-2021-HB217-Introduced.html

---

87R954 KJE-F
By: Thompson of Harris H.B. No. 217

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, 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, 2021.