Texas Code of Criminal Procedure - Article 64.01. Motion
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 64.01. Motion
Article: 63.060 63.061 63.062 63.063 63.064 63.065 63.066 64.01 64.011 64.02 64.03 64.04 64.05 7A.01 7A.02
Art. 64.01. MOTION. (a) A convicted person may submit to the
convicting court a motion for forensic DNA testing of evidence
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.
(b) The motion may request forensic DNA testing only of
evidence described by Subsection (a) 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,
(1) was not previously subjected to DNA testing:
(A) because DNA testing was:
(i) not available; or
(ii) available, but not technologically capable of
providing probative results; or
(B) through no fault of the convicted person, for reasons
that are of a nature such that the interests of justice require DNA
(2) although previously subjected to DNA testing, 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.
(c) A convicted person is entitled to counsel during a
proceeding under this chapter. The convicting court shall appoint
counsel for the convicted person if the person informs the court
that the person wishes to submit a motion under this chapter, the
court finds reasonable grounds for a motion to be filed, and the
court determines that the person is indigent. Compensation of
counsel is provided in the same manner as is required by:
(1) Article 11.071 for the representation of a petitioner
convicted of a capital felony; and
(2) Chapter 26 for the representation in a habeas corpus
hearing of an indigent defendant convicted of a felony other than a
Added by Acts 2001, 77th Leg., ch. 2, Sec. 2, eff. April 5, 2001.
Subsec. (c) amended by Acts 2003, 78th Leg., ch. 13, Sec. 1, eff.
Sept. 1, 2003.
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Last modified: August 11, 2007