HB1222 - Relating to postconviction forensic DNA testing.

  89R5523 MCF-F     By: Thompson H.B. No. 1222       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, "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, 2025.