Bill Text: TX HB3872 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 3872 (Prior Session Legislation)

Bill Title: Relating to a motion for forensic DNA testing of certain evidence previously subjected to faulty testing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-06-15 - Effective immediately [HB3872 Detail]

Download: Texas-2017-HB3872-Enrolled.html



	H.B. No. 3872




	AN ACT
	relating to a motion for forensic DNA testing of certain evidence
	previously subjected to faulty testing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 11, Code of Criminal Procedure, is
	amended by adding Article 11.0731 to read as follows:
	Art. 11.0731. PROCEDURES RELATED TO CERTAIN PREVIOUSLY
	TESTED EVIDENCE. (a) This article applies to relevant evidence
	consisting of biological material described by Article 64.01(a)
	that was:
	(1) presented by the state at the convicted person's
	trial; and
	(2) subjected to testing:
	(A) at a laboratory that ceased conducting DNA
	testing after an audit by the Texas Forensic Science Commission
	revealed the laboratory engaged in faulty testing practices; and
	(B) during the period identified in the audit as
	involving faulty testing practices.
	(b) A court may grant a convicted person relief on an
	application for a writ of habeas corpus if the convicted person
	files an application, in the manner provided by Article 11.07,
	11.071, or 11.072, containing specific facts indicating that:
	(1) the person previously filed a motion under Chapter
	64 for forensic DNA testing of evidence described by Subsection (a)
	that was denied because of a negative finding under Article
	64.03(a)(1)(A) or (B); and
	(2) had the evidence not been presented at the person's
	trial, on the preponderance of the evidence the person would not
	have been convicted.
	(c) For purposes of Section 4(a)(1), Article 11.07, Section
	5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
	or issue could not have been presented previously in an original
	application or in a previously considered application if the claim
	or issue is based on evidence that has been determined by the Texas
	Forensic Science Commission to have been subjected to faulty DNA
	testing practices.
	SECTION 2. Article 64.01(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b) The motion may request forensic DNA testing only of
	evidence described by Subsection (a-1) that was secured in relation
	to the offense that is the basis of the challenged conviction and
	was in the possession of the state during the trial of the offense,
	but:
	(1) was not previously subjected to DNA testing; or
	(2) although previously subjected to DNA testing:
	(A) [,] can be subjected to testing with newer
	testing techniques that provide a reasonable likelihood of results
	that are more accurate and probative than the results of the
	previous test; or
	(B) was tested:
	(i) at a laboratory that ceased conducting
	DNA testing after an audit by the Texas Forensic Science Commission
	revealed the laboratory engaged in faulty testing practices; and
	(ii) during the period identified in the
	audit as involving faulty testing practices.
	SECTION 3. Article 64.03, Code of Criminal Procedure, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1) Notwithstanding Subsection (c), a convicting court
	shall order that the requested DNA testing be done with respect to
	evidence described by Article 64.01(b)(2)(B) if the court finds in
	the affirmative the issues listed in Subsection (a)(1), regardless
	of whether the convicted person meets the requirements of
	Subsection (a)(2). The court may order the test to be conducted by
	any laboratory that the court may order to conduct a test under
	Subsection (c).
	SECTION 4. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 3872 was passed by the House on May 3,
	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 3872 was passed by the Senate on May
	24, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor