83R6133 AJZ-D
 
  By: Ellis S.B. No. 1292
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to DNA testing of biological evidence in certain capital
  cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 38.43, Code of Criminal Procedure, is
  amended by adding Subsection (i) to read as follows:
         (i)  Before a defendant is tried for a capital offense in
  which the state is seeking the death penalty, the Department of
  Public Safety shall perform DNA testing on all biological evidence
  that was collected as part of an investigation of the offense.  The
  state shall pay for all DNA testing performed in accordance with
  this subsection.
         SECTION 2.  Article 38.43(i), Code of Criminal Procedure, as
  added by this Act, applies only to a trial that commences on or
  after the effective date of this Act, regardless of whether the
  alleged offense was committed before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2013.