HBA-EDN, SEP H.B. 312 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 312
By: Allen
Criminal Jurisprudence
2/12/2001
Introduced



BACKGROUND AND PURPOSE 

In the past decade, technological advances have produced new and more
accessible means of deoxyribonucleic acid (DNA) examination which can
provide substantiation in criminal cases involving biological evidence.
Current law does not provide for a specific procedure entitling an inmate
to postconviction DNA testing in those cases in which testing might
exonerate the inmate.  House Bill 312 ensures that a convicted person who
asserts innocence can submit a petition to the court requesting DNA
testing.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 312 amends the Code of Criminal Procedure to authorize an
applicant who files for a writ of habeas corpus and in the application
asserts a claim of actual innocence to submit to the convicting court a
motion for forensic DNA testing of biological evidence.  A request for DNA
testing is authorized only for biological evidence that was secured in
relation to the offense that is the basis of the challenged conviction, but
was not subjected to DNA testing at the time of the trial or the filing of
the initial writ of habeas corpus because the technology for the testing
was unavailable.  The bill provides that the attorney representing the
state be given reasonable notice and an opportunity to respond to an
applicant's motion for DNA testing.  A court is authorized to order DNA
testing if the applicant establishes that: 
  
 _the applicant entered a plea of not guilty at the trial of the felony
offense that is the basis of the challenged conviction;  

 _the identity of the individual committing the felony offense was a
contested issue at the trial; 

 _biological evidence was collected in relation to the felony offense that
resulted in the conviction, and the biological evidence still exists; 

 _it is possible to subject the biological evidence to DNA testing or
retesting and an exclusionary result would necessarily exonerate the
applicant; 

 _the biological evidence to be tested was subjected to a chain of custody
sufficient to establish that it has not been substituted, tampered with,
replaced, or altered in any material respect; and 

 _the DNA testing requested employs a scientific method sufficiently
reliable and relevant under the rules regarding testimony by experts. 

The bill requires the court to order that:
  
 _the requested DNA testing be conducted by the Texas Department of Public
Safety (department), by a laboratory recommended by the department, or, on
agreement of the parties, by another laboratory;  

 _the testing be conducted under reasonable conditions designed to protect
the integrity of the evidence and the testing process; and 
  
 _on completion of the testing, the results of the testing and all data
related to the testing required for an evaluation of the test be
immediately filed with the court and copies of the results and data be
served on the applicant and the attorney representing the state. 

EFFECTIVE DATE

September 1, 2001.