By: Ellis S.B. No. 487
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to postconviction forensic DNA analysis.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 64.01(a-1), Code of Criminal Procedure,
  is amended to read as follows:
         (a-1)  A convicted person may submit to the convicting court
  a motion for forensic DNA testing of evidence that there is a
  reasonable likelihood of containing biological material. The
  motion must be accompanied by an affidavit, sworn to by the
  convicted person, containing statements of fact in support of the
  motion.
         SECTION 2.  Article 64.03, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A convicting court may order forensic DNA testing under
  this chapter only if:
         (1)  the court finds that:
         (A)  the evidence:
         (i)  still exists and is in a condition making DNA testing
  possible, and that there is a reasonable likelihood that the
  evidence contains biological material suitable for DNA testing; and
         (ii)  has been subjected to a chain of custody sufficient to
  establish that it has not been substituted, tampered with,
  replaced, or altered in any material respect;
         (B)  identity was or is an issue in the case; and
         (2)  the convicted person establishes by a preponderance of
  the evidence that:
         (A)  the person would not have been convicted if exculpatory
  results had been obtained through DNA testing; and
         (B)  the request for the proposed DNA testing is not made to
  unreasonably delay the execution of sentence or administration of
  justice.
         (a-1)  In this section, the term "exculpatory results" may
  include, but is not limited to, DNA test results that indicate a
  match, pursuant to a comparison procedure such as that required
  under Article 64.035, between an unidentified DNA profile on the
  evidence tested and another individual's DNA profile contained in a
  DNA database described by that article.
         SECTION 3.  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 4.  This Act takes effect September 1, 2015.